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Tds section and rate for hosting and domains providers

28 February 2023

What is the section in the Income Tax Act for TDS deduction on hosting and domain providers, and at what rate is TDS deducted on payments made to non-resident entities for these services?

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4 Replies

Yasaswi Gomes new (Finance ) (4487 Points)
Replied 28 February 2023

U/s 194j you have some info but can't confirm non residents

Yasaswi Gomes new (Finance ) (4487 Points)
Replied 28 February 2023

When laptop is a capital asset used for production or generating revenues, it is capitalised AS 10.12

Yasaswi Gomes new (Finance ) (4487 Points)
Replied 28 February 2023

Oops! Wrong question. Sorry

Sarthak Kumar Dash (Student) (225 Points)
Replied 28 February 2023

Sec 195 of the Act will be attracted since the payment is made to a non-resident entity. Further, you have to check the provision of DTAA of India with the country where the NR entity is registered.

For rate of TDS, i need to know the detail of the agreement and transaction. Also, whether the entity has any PE in India or not. As far as I think from your question, there will be no liability of TDS since the same is neither royalty nor fre for technical services. There are certain high court and supreme court judgement on this too.

P.S - To give an appropriate opinion, i need more details. However, i feel the reply will be helpful in this matter.

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