TDS ON COMM. TO NON-RESIDENTS

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CA. Sukhdev Singh (Querist)
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08 May 2010 WHETHER TDS IS DEDUCTIBLE ON COMM PAYMENT TO NON RESIDENT FOREIGN NATIONAL, WHO DO NOT HAVE ANY BUSINESS ESTABLISHMENT IN INDIA.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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08 May 2010 YES TDS DEDUCTIBLE U/S195 (ON PAYMENT TO NON RESIDENT)

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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08 May 2010 In the case of remittance to a country with which a Double Taxation Avoidance Agreement is in force, the tax should be deducted at the rate provided in the Finance Act of the relevant year or at the rate provided in the DTAA, whichever is more beneficial to the assessee —Circular : No. 728, dated 30-10-1995.

Ashok Kumar Verma

Ashok Kumar Verma (Expert)
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08 May 2010 As per latest amendment of section 206AA if assessee has not furnished PAN No of the deductee then he has to deduct tax at at higher of the following rates:
a) at the rate specified in the Income Tax Act
b)at the rate or rates in force OR
c)Income Tax Act OR 20%

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