Case Law Details
ACIT Vs Ms. KPMG (ITAT Mumbai)
Conclusion: Since the nature of services rendered by non-resident professional showed that none of the services resulted in making available of any technical knowledge, experience, skill, know, how or process, therefore, professional fee paid to non-residents could not be subjected to TDS under section 195.
Held: AO disallowed deduction by assessee with respect to profesional fee paid to non-resident for want of TDS under section 195. It was held looking at the nature of services rendered by residents, it became clear that none of the services result in making available of any technical knowledge, experience, skill, know, how or process. Accordingly, payment made therefor did not fall within the ambit of fees for technical service. Also, non-residents did not have PE in India, therefore, professional fee paid to them could not be subjected to TDS under section 195.
FULL TEXT OF THE ITAT JUDGMENT
The above titled four appeals have been preferred by the Revenue against the order dated 02.01.2017 & 27.01.20 12 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relating to various assessment years as stated hereinabove.
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Dear Sir,
Could you advise me how much I need to pay TDS
TDS on (doctor) Professional fee to NRI doctor staying USA having PAN in India and providing services in India
Paid in July: consolidated amount paid (April to July) Rs.1400000-20% TDS u/s 195
Paid in Oct: consolidated amount paid (Aug and Sep) Rs. 400000-20% TDS u/s 195
Is this correct and what will be the interest to be paid for late TDS filing