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This query is : Resolved

Priy Pranav (Querist)
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12 August 2010 our company is making payment to a non resident company and it has deducted tax u/s 195 @10%.whether it is required also to deduct education cess on such amount or not.

Please do the favour for it.

CA Sanat Pyne

CA Sanat Pyne (Expert)
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12 August 2010 FROM 1.10.2009
EDUCATION CESS AND SHE CESS HAS BEEN WITHDRAWN EXCEPT 192.

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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12 August 2010 Education cess or surcharge has been waived under section 195 w.e.f 1/10/10 for resident company.

But in case of non resident company.. surcharge will be levied.

Priy Pranav

Priy Pranav (Querist)
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12 August 2010 but sir I think it is waived only for residnt, as far as non resident is concerned it shall be deducted. wht's your opinion??????????????

CA Sanat Pyne

CA Sanat Pyne (Expert)
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12 August 2010 yes you are right and for your better clarity you may visit

http://www.taxguru.in/income-tax/no-surcharge-and-cess-on-tds-in-case-of-non-salaries.html

and answar given by me above is wrong.

Message likes : 1 times

CA. Pradeep Nayak

CA. Pradeep Nayak (Expert)
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12 August 2010

If the taxes are witheld as per the applicable DTAA, E.cess not be deducted.

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