Non resident

TDS 473 views 6 replies

Indian University gets copyright in perpetuity for the Trainer's Kit ( handbook for the Programme for adults) in english. It ll be provided an electronic copy of the program materials to enable the University to produce the kits. University is free to indicate its identity on the cover of the cover of the traine's kits as it deems appropriate provided of that the original authorship and original publisher are clearly indicated on the cover.

The granting of  the copyright is conditional on the understanding that university will distribute copies of the trainer's kits only to individuals working in the state only.

The granting of copyright is also conditional on the understanding that university will distribute copies of this kits only to individuals working in the  particular state who have been trained or are schedule to be trained in the delivery of the program.

university will provide copies of reports & publications describing any research it conducts on the program.

my question is whether payment to NRI (individual) is liable for TDS under section 195? is it term as nature of royalty?

 

 

Replies (6)

The payment to NRI is liable for TDS u/s 195, it is in the nature of royalty.

we get copyrithted article to make copies and distributes to students of university.copyright covered in royalty but as per decision of Tata Consultancy Services v. State of Andhra Pradesh, (2004),271 ITR 401 (SC) (BCAJ) copyrighted article is not liable for TDS under section 195 of the IT act.

Please see the link SL No. 6.

 

https://www.ada.org.in/file_upload/1378885416Section%20195%20Withholding%20tax%20rate%20chart.pdf

 

it couldnot be opened

got it let me read

thank you.


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