Tds on salary employee from nepal in pvt. ltd. co. of india

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Querist : Anonymous

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Querist : Anonymous (Querist)
17 May 2013 Dear Expert,

I am working in Pvt. Ltd. Co. in India. I require the opinion that can we deduct TDS on Salary of our employees, they are wholly working on Nepal.

If TDS is applicable then as per which Section or rule.

Regards
Pravin Jain


17 May 2013 If employees receive income in india, It is covered under scope of taxable income in india u/s 5. so you have to deduct t.d.s. u/s 192.

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Querist : Anonymous

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Querist : Anonymous (Querist)
17 May 2013 Employee received salary in their home country i.e. Nepal.

17 May 2013 if they are resident of india, it is taxable income to them and t.d.s. is deductible.
If they are resident but not ordinary resident, Income is taxable when business is set up in india.

If they are non resident, Income is not taxable in india and t.d.s. provision is not applicable.

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Querist : Anonymous

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Querist : Anonymous (Querist)
18 May 2013 Thanks for your reply


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