We can claim TDS under withholding Tax

[MITSUI PRIME ADVANCED]

Dear Sir,

I come to know that we have paid Technical Service Fee to our foreign Company of M/s Mitsui Chemical Inc., Japan , services provided to Mitsui Prime Advanced , India. This is subsidiary of  Mitsui Chemical Japan,  without under any PE , of Fixed Base , as per DTAA we have deducted TDS 10% under Article 12 of DATT between India and Japan

Tax Deduction at Sources (TDS) every time deposited to Central Government Account

TDS Deducted by Mitsui Prime Advanced, India on payment of Technical Services, We can claim TDS of Mitsui Chemical Inc., Japan in India. because 70% capital involved in Mitsui Prime, India.

Please tell me your valuable secretion under  scenario.

Regards

Arjun Sachdeva

AI Summary

Mitsui Prime's TDS on service fees to parent firm clarified: Adjust excess TDS under Article 12 of India-Japan DTAA. A query was raised regarding the deduction of Tax Deducted at Source (TDS) on technical service fees paid by Mitsui Prime Advanced, India, to its parent company, Mitsui Chemical Inc., Japan. The services were provided without a Permanent Establishment (PE) in India, and TDS was deducted at 10% under Article 12 of the Double Taxation Avoidance Agreement (DTAA) between India and Japan. The response clarified that the TDS deducted by Mitsui Prime can be adjusted against the tax liability of Mitsui Chemical Inc., Japan, and any excess TDS can be refunded if it exceeds the total tax liability.