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Issue ID: 114839
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DTAA with China, TDS

Date 07 Apr 2019
Replies 1 Reply
Views 2141 Views
IGST on imported broadcasting rights applies; services classification governs tax treatment and TDS requires separate income tax advice.
Importation of telecast rights from China is subject to IGST as an imported service classified under services tariff code 998465; withholding tax (TDS) on payments to the foreign seller depends on income tax rules and DTAA considerations and requires expert income tax advice to determine applicability and rate. (AI Summary)

Dear Sir/Madam,

I'm importing rights to telecast a cartoon program from China. i.e., I get the rights to telecast a cartoon which is produced in China. I'm buying it from the person in China and dubbing it in Indian languages and telecasting in India.

While making payment the seller in China, should I deduct TDS? What is the rate of TDS if it is applicable?

For this import, is IGST applicable? If yes, what is rate of IGST?

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Replied on Apr 9, 2019
1.

Yes. IGST is applicable. Rate is 18% and Chapter/Heading/ Sub-heading Tariff Code (Services) is 998465. Regarding TDS, Income Tax Expert can guide.

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