Withholding Tax Concession for the purpose of Form 1CB, Income Tax

[JAYANTL AASHER]

Can the following be treated as NO PE Certificate from the foreign remittee for the purpose of withholding tax concession ?

We have a PE in India during the year but the services mentioned under Procurement Expense Agreement dt.......... are not connected with PE in India.

Posts / Replies

[Manoranjan Behera]

Hi

The conditions as envisaged in the provisions related to withholding tax says about having a PE in India. So the expenses incurred is related to the PE or not, does not make any difference. But terms of agreement may give some insights to give a clear view.