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TDS ON PAYMENT TO NON RESIDENT

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(Querist)
25 March 2010 A PAYMENT IS TO MADE BY INDIAN CO.,TO SWISS CO., TOWARDS COST OF SOFTWARE & ITS MAINTENANCE. SWISS CO HAS NO PE IN INDIA. WHETHER TDS U/S 195 IS TO MADE? IF YES, AT WHAT RATE?
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CA SANJAY MUKHERJEE

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CA SANJAY MUKHERJEE (Expert)
25 March 2010 Yes,

Rate of TDS will depend on tax treaty and usualy it is 10 % as per sec 195 unless any special rate mentioned in the treaty.

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