Applicability of Cess & Surcharge on TDS u/s. 195
This query is : Resolved
16 February 2023
Hello,
We have deducted TDS @10% as per DTAA - as mentioned in 15CA form.
Its for technical service.
There is demand raised by TRACES that it should be 10% plus Cess = 10.40%
If TDS is deducted for payment made to Non resident company and if the rate is as per DTAA - then Cess @4% is applicable ? please guide. If no, then is there any specific option to be chosen for that while filing the return??
We have deducted TDS @10% as per DTAA - as mentioned in 15CA form.
Its for technical service.
There is demand raised by TRACES that it should be 10% plus Cess = 10.40%
If TDS is deducted for payment made to Non resident company and if the rate is as per DTAA - then Cess @4% is applicable ? please guide. If no, then is there any specific option to be chosen for that while filing the return??
16 February 2023
Rates as per DTAA includes all surcharges, addition on account of education cess not sustainable. DTAA would prevail over the Indian Income Tax Act .
OSRAM India Pvt. Ltd. Vs DCIT (ITAT Delhi) Income Tax (Appeal) No. 4052 of 2015
Also refer: https://indiankanoon.org/docfragment/12821902/?formInput=DTAA%20surcharge
OSRAM India Pvt. Ltd. Vs DCIT (ITAT Delhi) Income Tax (Appeal) No. 4052 of 2015
Also refer: https://indiankanoon.org/docfragment/12821902/?formInput=DTAA%20surcharge
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Refund Annexure-B
- Liable to deduct tds and 44ADA
- Sale of Equity shares for Purchase of Residential Property
- Nomination of Bank for refund in itr 2
- Section 56(2) of the Income tax Act 1961 , Gift to relative .
- ECO SUPPLY REPORTIONG IN GSTR-1
- Is Interest applicable for payment made through credit ledger vide DRC03 for FY 2020-21 & 2021-22
- CCFS 2026 Schemed
- Subscription paid to foreign customer
- Two seprate Invoice needed
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
