Tds

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 July 2015 sir

my client had purchased gas meters from china and now he wanted to transfer amount to china so he required 15ca, now my question is whether tds is applicable to deduct or not as he is non-resident

CA John Abraham Austin ACA

CA John Abraham Austin ACA (Expert)
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28 July 2015 Generally on purchases, TDS is not appicable.
This you have to refer the DTAA between India and China.
If it says purchases are subject to TDS, then you will have to. Otherwise, not required.
But Form 15CA/CB is mandatory.

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Querist : Anonymous

Querist : Anonymous (Querist)

28 July 2015 in DTTA NOT MENTIONED ANY THINK ABOUT PURCHASES

CA John Abraham Austin ACA

CA John Abraham Austin ACA (Expert)
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28 July 2015 In my view, it is not subject to TDS.
In the nature of payment, you should clearly mention 'Purchase of Machinery'.

PS: If you purchase a software, it will be subject to TDS.

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Querist : Anonymous

Querist : Anonymous (Querist)

28 July 2015 it was asking under which section we are transfer the amount without tds

CA John Abraham Austin ACA

CA John Abraham Austin ACA (Expert)
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29 July 2015 Sec 195 itself, in my opinion.
Coz it specifies some payments on which with holding of taxes applicable. Since it does not specify, TDS is not done.

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