Tds deduction

This query is : Resolved 

23 September 2013 SIR,

WE DEDUCT TDS UNDER SEC 195 PAYMENT OF OUT SIDE INDIA PARTY
I HAVE A LITTLE DOUBT ABOUT THAT WHAT IS BENEFIT OF DEDUCTEE

THANK IN ADVANCE

23 September 2013 Dear Girish,

There is no benefit to the deductee. It is a legal obligation to pay taxes.

However, if the deductee if of the view that on account of DTAA, he/she/it can claim lower of zero taxability, he/she/it can file a tax return to claim refund of the taxes deducted as TDS.

23 September 2013 SIR SUPPOSE WE SHOULD PAY RS. 10 LACK TO USA PARTY I WANT DEDUCT TDS 20% BECAUSE NOT HAVING PAN NO
TDS AMOUNT RS. 2 LACK
REMAINING BALANCE RS. 8 LACK
PARTY CAN'T ACCEPT THIS AMOUNT BECAUSE WE ALL READY FIXED AMOUNT OF ORDER/WORK 10 LACK
I WANT TO PAY PARTY 10LACK
WHAT SHOULD I DO AS A ACCOUNTANT & HOW TO MAKE ENTRY

23 September 2013 Girish,

You can ask the party to apply for PAN. If the the client believes that there is no taxability on its income earned in India, then apply for nil deduction certificate from tax department.

Alternatively, you may gross up and bear the tax expense on your own.

Rs 1000000*100/(100-20)= Rs 12,50,000

So you would Show total consideration as Rs 12,50,000. Pay tax as Rs 2,50,000.


The negative side of this: your service tax liability, if any, may increase.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details