TDS on salary of NR

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vivek (Querist)
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22 June 2008 The co. has appointed a non resident(swiss national) on 1/06/08 as MD for 12 months on a salary of 36 lakhs per annum including all perks (3 lakhs per month ) . At what rate should tax be deducted?
Whether as per normal slab or the rate as applicable to him in swiss Tax law under DTA, if beneficial to him? He intends to stay less than 182 days in India during 2008-09.Further which TDS section,if any will applicable to him.

CA Abhishek Tyagi

CA Abhishek Tyagi (Expert)
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22 June 2008 The provision related to DTAA provides that if the DTAA provisions are more beneficial to the asseessee then the tax rate as per the DTAA should be applicable otherwise the Income tax rates should be applied.

vivek

vivek (Querist)
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22 June 2008 You have not replied to my query. Section 195 doesn't apply to salaries to NR then which TDS section will apply for TDS and at what rate?
Pl. reply in detail
Thanks

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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05 April 2012 TDS will be deducted u/s 192 only.

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