Dear Sir,
I am by profession a Consultant , promote business venture in India. Enterprises from Italy has business in India. Their question is as follows:
A enterprise from abroad intend to have clarification:
Their Indian customers placed in Nashik near Mumbai has to pay to our (Italian enterprise) associated company an installation service for a press machine in India. He would reduce his payment for 15% for “tax service”.
They intend to know if this tax is due and if it has to be paid by the indian customer or by the italian company. If the tax is due by the italian company it is possible to request the remboursement of the tax?
and how the italian company can obtain it?
I request you to respond to this mail, with clarification.
Dr.Pramod Kumar Verma
Resource Person to SEBI
& Director EDT. Saket
Economic Development Trust
Dear sir
It is not clear from the query as to what tax is being referred to. Is it WHT under income tax act or service tax?
This is a question that can be answered after going through the documents and considering whether the Italian company has a PE (Permanent Establishment) in India
This in my opinion requires professional advice and may not be possible to answer in a forum
Ramesh