Withholding Tax Concession for the purpose of Form 1CB

[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.

AI Summary

Foreign Remittee's Withholding Tax Concessions Depend on Permanent Establishment Status in India, Not Agreement Terms. A query was raised about whether a foreign remittee can be treated as having a 'No Permanent Establishment (PE)' certificate for withholding tax concessions when services under a Procurement Expense Agreement are not connected to a PE in India. The response clarified that the presence of a PE in India is the key factor for withholding tax considerations, regardless of whether the expenses are related to the PE. However, the terms of the agreement might provide further insights.