15 November 2013
If an Indian co. is paying fees for technical services u/s 9(1)vii) to a Non Resident co. in USA, then at what rate should TDS be deducted u/s 195?
The first article which you have posted is of the older version on the subject. YOu would appreciate that the rate of TDS was enhanced from 10% to 25% in the last year.
Hence, the applicable rate is: IT Act: 25% India-US DTAA: 15%
Lower of the two being 15% is the applicable rate.
http://law.incometaxindia.gov.in/DIT/File_opener.aspx?page=ITAC&schT=&csId=566fa2f7-4f5a-446f-8d22-98a6c1ae6592&rdb=sec&yr=303d6389-2d18-4432-bdbf-b74822b1a6df&sec=&sch=royalty&title=Taxmann - Direct Tax Laws