TDS Applicability on Adobe Subscription u/s 195

This query is : Open

Harendra Rawat (Querist)
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23 January 2026 Dear Sir/Madam,

We seek your professional opinion regarding the applicability of TDS under Section 195 of the Income-tax Act, 1961, on payments made to Adobe Systems Software Ireland Limited towards Adobe subscription charges.

1- Background of the transaction:
Payments have been made for Adobe software subscriptions.
The payments were routed through credit card / online payment gateway.
Adobe Systems Software Ireland Limited has provided the following documents:
No Permanent Establishment (PE) declaration in India
Form 10F
2- Clarifications received from Adobe:
Payments made via credit card fall under the proviso to Section 194Q and relevant CBDT clarifications.
TDS obligation does not apply where:
a) Payment is made through credit cards, debit cards, or similar electronic modes; and
b) The bank / payment gateway acts as an intermediary for the transaction.
The responsibility for tax collection does not shift to Adobe in such cases.

3- Our queries for your expert advice:
Whether TDS is applicable under Section 195 on the above payments made to Adobe Systems Software Ireland Limited?
If TDS is applicable, please advise:
The nature of income (royalty / FTS / other),
The applicable rate of TDS, and
Whether DTAA provisions between India–Ireland can be applied in this case.
Whether payment through a credit card/payment gateway alters the TDS obligation under Section 195.

Your guidance on the above will help us ensure correct tax compliance.

Thanking you in advance.
Warm regards,

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