Legal Question in Tax Law in India

Sir,

We have supplied our product to a customer in Turkey, the machine has failed so we have engaged a company in Turkey for servicing job,1) do we need to deduct TDS under sec 195 of Income Tax Act if so what is the rate of TDS . 2) Whether we should pay service tax on services provided outside India, but payment is made from India.

Thanks & Regards

Ganesh


Asked on 8/08/10, 11:37 pm

1 Answer from Attorneys

Dear Ganesh,

We have gone through your query and we are of the view that there is no TDS implication on the company as the payment is done from India to Turkey and no part of the job is performed in India through any office of turkey co. in India.

As regards Service Tax is concerned there is no need to pay service tax as the Service has been provided outside India and also consumed outside India. Import of Service can not be applied in this case.

For any clarifications you may contact us at Ph; 9811617186

Regards

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Answered on 8/09/10, 11:14 pm


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