TDS u/s 195 : Please help

775 views 1 replies

1) On what basis do we have to judge whether we have to deduct TDS on payments made outside India? 

2) Do we have to deduct TDS on payments made purely to a Foreign Co. (ie. Foreign Co. having no branch / subsidiary co. in India)?


3) Is it that the we have to deduct TDS of those Foreign Companies who have their Subsidiary / branch in India? 

Please help me understand..


Regards,
Devendra Kulkarni

Replies (1)
Originally posted by : Devendra

1) On what basis do we have to judge whether we have to deduct TDS on payments made outside India? 

 

The Income should be either received in india or accrue or arise or deemed to accrue or arise in india to make it taxable in india. Kindly go through section 4,5,6 and 9 of income Tax Act, 1961 to understand the same


2) Do we have to deduct TDS on payments made purely to a Foreign Co. (ie. Foreign Co. having no branch / subsidiary co. in India)?

 

Yes, if the income is deemed to accrue or arise in india to then the same shall be  taxable in india, kindly read section 9 in great detail.


3) Is it that the we have to deduct TDS of those Foreign Companies who have their Subsidiary / branch in India? 



If subsidiary is thereand the payment is made to foreign party then the nature of payment needs to be seen, but if branch is there then surely there is TDS liabillity.

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
ARTICLESHIP 15 July 2026
CA Articles

Kinjal H Shah & Co.

Mumbai

CA Foundation

View Details