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Issue ID : 118153
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Withholding Tax Concession for the purpose of Form 1CB

Date 12 Sep 2022
Replies1 Answers
Views 1799 Views
Asked By

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.

Income Tax
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Replied on Sep 20, 2022
1.

Hi

The conditions as envisaged in the provisions related to withholding tax says about having a PE in India. So the expenses incurred is related to the PE or not, does not make any difference. But terms of agreement may give some insights to give a clear view.

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