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Payment to NR section

amay neema (student of ipcc ) (32 Points)

13 January 2018

payment for online competition winning to NR in which section to deduct TDS 195 OR 194b

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (170907 Points)
Replied 14 January 2018

Section 194B with form 15CA & 15CB as applicable........

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amay neema (student of ipcc ) (32 Points)
Replied 14 January 2018

But for 15CA 15CB one should be fall in 195 naaa ...is it right??

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (170907 Points)
Replied 14 January 2018

Yes........ but here the TDS is non-refundable, paid to NR....... Even FEMA rules also to be checked.

amay neema (student of ipcc ) (32 Points)
Replied 14 January 2018

Thnkss...btw you said "here the TDS is non refundable" in which section in which we deduct TDS is non refundable..either in 194B Or 195..

2. and if even we deduct TDS u/s 195 or 194B the rate is 30% in which thw assessee falls...so there is no curtail of revenue.

so isn't it right to deduct 195 + 15CA CB rather then 194B + 15CA CB

3. 195 talks about NR specific and 194b talks about winnings...so wheather is it appropriate to deduct in 195???

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (170907 Points)
Replied 14 January 2018

1. As it is winning from puzzle/competition...... section 194B is more appropriate, where the TDS and rate of tax over winning both are 30%+cess

2. While u/s. 195 the rate though same but no specific section for winnings..... so, section 194B seems to be more suitable, where deductee cannot ask for refund.