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This query is : Resolved 

12 August 2010 our company is making payment to a non resident company and it has deducted tax u/s 195 @10%.whether it is required also to deduct education cess on such amount or not.


Please do the favour for it.

12 August 2010 FROM 1.10.2009
EDUCATION CESS AND SHE CESS HAS BEEN WITHDRAWN EXCEPT 192.

12 August 2010 Education cess or surcharge has been waived under section 195 w.e.f 1/10/10 for resident company.

But in case of non resident company.. surcharge will be levied.


12 August 2010 but sir I think it is waived only for residnt, as far as non resident is concerned it shall be deducted. wht's your opinion??????????????

12 August 2010 yes you are right and for your better clarity you may visit

http://www.taxguru.in/income-tax/no-surcharge-and-cess-on-tds-in-case-of-non-salaries.html

and answar given by me above is wrong.

12 August 2010

If the taxes are witheld as per the applicable DTAA, E.cess not be deducted.



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