TDS deduction

This query is : Resolved 

17 January 2011 If we have taken a foreign consultancy services from outside india then TDS wou
ld be deducted @20% but if 15CB form mention nil rate of TDS then TDS would not be deducted.

why...?

17 January 2011 Payment to consultants attract TDS @ 20% as per Income Tax Act but if there is an agreement with the county where money will be remitted and as per that agreement no TDS is required to be deducted.in that case Agreement would prevail over the IT ACT.

17 January 2011 A CA can prescribe NIL rate of TDS on on the basis os some applicable clause of DTAA with that particular country.

If there is no DTAA with that country then the general TDS rate is 20 %


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