Related to sec 195 non resident
This query is : Resolved
26 December 2015
Dear All,
I have invoice which pertains to usa but the party does not have any pan but they are providing only service tax registration no as proof
my question is as per income tax act 1961 we have to deduct tds 20% if the pan not available .but the party claiming that they had provided so many service across India but no body deduct tds on it . and the service is they are used to sell net suit software .
please help out .
Regards ,
Pankaj jena
I have invoice which pertains to usa but the party does not have any pan but they are providing only service tax registration no as proof
my question is as per income tax act 1961 we have to deduct tds 20% if the pan not available .but the party claiming that they had provided so many service across India but no body deduct tds on it . and the service is they are used to sell net suit software .
please help out .
Regards ,
Pankaj jena
26 December 2015
Acquiring software falls within the ambit of royalty u/s 9 (1) (vi). Hence TDS u/s 195 applicable. Non deduction of TDS earlier is not an excuse.
26 December 2015
Dear sir thank you for your help how much tds should be deduct at if we consume it software service as per my knowledge the tds amount would be 25% as per sec 115a please conform same .
26 December 2015
Yes it is 25% at present.......
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