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Tds to be deducted or not

This query is : Resolved 

24 June 2014 whether tds to be deducted or not if we paid ocen freight charges to a foreign company who dont have business establishment in india?.Where it is chargeable under section 9 of income tax act.As income is not deemed to accrued or arise in india.

24 June 2014 yes under sec 195.......@ 20%

24 June 2014 To be deducted under section 195 it should be chargeable to tax under the act.As the non resident company doesnt have any business establishment in india how it will be chargeable to tax.

Tushar sampat under section 195 if it is applicablemenas we have to pay along with education cess and seccondary higher education cess



24 June 2014 it doesnt matter whether the foriegn co is having any pe in india or not the imp point is a resident pays to non rsident corporate entity.

Mr chillkaru pls read sec 195 properly.

24 June 2014 Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest 37[***] or any other sum chargeable under the provisions of this Act (not being income chargeable under the head “Salaries” 38[***]) shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force :

24 June 2014 read the first line "any person ( including co or ind ) responsible for paying to non resident ( inlcuding co reg outside india wheteher have pe or not) its so much clear y cant u understand.

24 June 2014 Hello Mr Tushar u read clearly.second line contains it should be chargeable under provisions of this act.With out seeing whether that amount is chargeable to tax or not how can u say that u have to deduct 20%

24 June 2014 ocean frieght is chargeable as business income of that foriegn co so sec 195 is applicable.




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