TDS & INCOME TAX PROVISIONS ON USE OF TRADE MARK

sanjiv batra (Querist) 01 July 2010 This query is : Resolved
WHAT WILL BE INCOME TAX & TDS TREATMENT ON AMOUNT PAID TO ANY ORGANISATION IN OTHER COUNTRY FOR SURRENDERING USE OF A TRADE MARK APPLIED FOR REGISTRATION BY HIM, SINCE WE DO NOT WANT HIM TO USE THAT TRADE MARK IN HIS COUNTRY?

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Vineet (Expert) 02 July 2010
In my opinion, the income accruing to the foreign organisation does not arise in India and neither the same deems to accrue in Inida.

Therefor as the said Income is not chargeable to Tax in India, deduction of TDS u/s 195 does not arise.

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