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Issue ID : 106411
- 0 -

Payment to Non-Resident

Date 10 Jan 2014
Replies1 Answers
Views 1790 Views
Asked By

We have booked ship space through third party (i.e foreign agency)  for import of goods in india.Now at the time of payment for ocean freight to third party in foreign currency  whether is it liable to TDS or not under section 195? 

  really appreciated if provide any legal language or case law.
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Replied on Jan 18, 2014
1.

Dear Sir,

If the Payments are made to an agent of a Foreign(Non-Resident) Shipping Liner. Tds need not be deducted on the following category of expenses:

  1. Ocean Freight
  2. Terminal Handling Charges
  3. Demurrage Charges
  4. Any other amount of Similar Nature (Like Addl.Ocean Freight/Addl.Demurrage/Addl.THC etc )

 Any other expenses not mentioned above, will be subject to deduction of TDS.

Reference:

Thanks & Regards,

A.Wilson

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