Urgent - Foreing Remittance - TDS u/s sec. 195

Dilen (Self Employed) (57 Points)

07 December 2009  

Dear colleagues,

Please throw some light on the doubt I am having regarding TDS u/s 195.

1-Will the remittance made towards INSURANCE PREMIUM FOR ASSSETS in India, to the insurers in US and UK be considered as income accruing/deemed to be accruing in India for them (they dont have a PE in India)?

2-Will such remittance attract TDS u/s 195? Or should they be considered u/s 194C as payment made to Foreing companies - TDS @ 2.175% (see WIRC reference manual 2009-10, TDS section)?

3-If u/s 195, then should the rate of TDS be 40%+Surcharge and Cess - the one for other incomes?

4-Same questions as mentioned in 1-3 for Rental payment remittances - movable assets being in India, but belonging to companies in US.

Awaiting suggestions and guidances.

Thanks.