10 May 2010
Any person responsible for paying any interest or any other sum (not being salary) to a non-corporate non-resident or to a company other than a domestic company shall, deduct Income tax at source there from as per the rates specified in the Finance Act.
Tax has to be deducted at source at the time of payment of the amount or at the time of credit of the amount to the payee’s account whichever is earlier.
For deduction of tax at source under section 195 only consideration would be whether payment of sum to non-resident is chargeable to tax under provisions of Act; sum may or may not be income or income hidden or otherwise embedded therein; scheme of tax deduction at source applies not only to amount paid which wholly bears ‘income’ character but also to gross sums whole of which may not be income or profits of recipient - Headstart Business Solutions (P.) Ltd., In re [2006] 155 Taxman 639 (AAR - New Delhi).
In the case of remittance to a country with which a Double Taxation Avoidance Agreement is in force, the tax should be deducted at the rate provided in the Finance Act of the relevant year or at the rate provided in the DTAA, whichever is more beneficial to the assessee —Circular : No. 728, dated 30-10-1995.
10 May 2010
What is the Rate of TDS to be deducted for Technical Fess payable to Hongkong Vendor and under what section? Is it 10% OR 40% (also provide breakup of Surcharge/Cess/H.Ed.Cess).
10 May 2010
What is the Rate of TDS to be deducted for Technical Fess payable to Hongkong Vendor and under what section? Is it 10% OR 40% (also provide breakup of Surcharge/Cess/H.Ed.Cess).
CAclubindia
