TDS on Royalty ?

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Querist : Anonymous

Querist : Anonymous (Querist)

10 December 2010 Sir what is rate for TDS on Royalty payment made ? Under which Section of Income Tax Act ?? Pls guide. thanks.

Ajay Mishra

Ajay Mishra (Expert)
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10 December 2010 Hi

195(f) Royalty payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern after March 31, 1976, where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to section 115A(1A) to the Indian concern or in respect of computer software referred to in the second proviso to section 115(1A), to a person resident in India -
1.Where the agreement is made before June 1, 1997 30%
2.Where the agreement is made after May 31, 1997 but before June 1, 2005 20%
3.Where the agreement is made on or after June 1, 2005 10%
195(g) Royalty (not being royalty of the nature referred to in (e) sub para) payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to matter included in the industrial policy, the agreement is in accordance with that policy
1.Where the agreement is made after March 31, 1961 but before April 1, 1976 COMPANY 50%
OTHERS 30%
2.Where the agreement is made after March 31, 1976 but before June 1, 1997 30%
3.Where the agreement is made after May 31, 1997 but before June 1, 1997 20%
4.Where the agreement is made on or after June 1, 2005 10%

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