Trademark is like an Intangible Asset if any one is selling it than there is no section to cut TDS as on date to while making payment for Purchase of that Trademark.
If Trademark is given under any agreement to use that trademark for certain period of time, than the point which can be raised is that " Is this comes under Section 194H - Comission or Brokrage
" (i) “commission or brokerage” includes any payment received or receivable, directly or indirectly, by a person acting on behalf of another person for services rendered (not being professional services) or for any services in the course of buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing, not being securities; "
After Interpreting it can found that TDS cannnot be Deducted under the Following Section atleast
Than U/s 194C - Contracter and Sub-Contructer
" any specified person responsible for making payment to a resident contractor for carrying out any work, including supply of labour for carrying out any work, is liable to deduct tax at the prescribed rates. "
as no Service on this hence no TDS again.
If the Payee is Non-Resident: ( TDS CAN BE TAKEN )
Section 195 can be applied which means you have to compute the tax of payee and accordingly deducte the Tax derived.
YOUR OPINION ARE WELCOMED
Udit M. Mathur
- Opinion
Do Share
If Trademark is given under any agreement to use that trademark for certain period of time, than the point which can be raised is that " Is this comes under Section 194H - Comission or Brokrage
" (i) “commission or brokerage” includes any payment received or receivable, directly or indirectly, by a person acting on behalf of another person for services rendered (not being professional services) or for any services in the course of buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing, not being securities; "
After Interpreting it can found that TDS cannnot be Deducted under the Following Section atleast
Than U/s 194C - Contracter and Sub-Contructer
" any specified person responsible for making payment to a resident contractor for carrying out any work, including supply of labour for carrying out any work, is liable to deduct tax at the prescribed rates. "
as no Service on this hence no TDS again.
If the Payee is Non-Resident: ( TDS CAN BE TAKEN )
Section 195 can be applied which means you have to compute the tax of payee and accordingly deducte the Tax derived.
YOUR OPINION ARE WELCOMED
Udit M. Mathur
- Opinion
Do Share
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