TDS u/s 195
This query is : Resolved
12 January 2010
Hi!
If we are making payment to non resident and rate of TDS is 10% then while grossing up we will consider surcharge & education cess or not .i.e., 90% (100-10) or
89.4425% [100-10.5575{10%+2.5%(surcharge)+3% (Ed. cess)}]
If we are making payment to non resident and rate of TDS is 10% then while grossing up we will consider surcharge & education cess or not .i.e., 90% (100-10) or
89.4425% [100-10.5575{10%+2.5%(surcharge)+3% (Ed. cess)}]
13 January 2010
yes u need to to consider
CA. Pradeep Nayak
(Expert)
13 January 2010
You have to consider surcharge & E.Cess also while grossing up.
13 January 2010
if the payment is made under the DTAA, then no edcuation cess or surcharge is applicable,.
therfore no need to gross up also.
but under the income tax act, the grosing up is to be done.
therfore no need to gross up also.
but under the income tax act, the grosing up is to be done.
CA Prashant Gupta
(Expert)
19 January 2010
you need to consider Education Cess and Secondary and higher education cess. But if it is not a foreign company then Surcharge is not applicable.
Surchase is applicable only when the receiptent is a foreign company is payment/credit subject to TDS exceeds Rs. 1 Crore.
Surchase is applicable only when the receiptent is a foreign company is payment/credit subject to TDS exceeds Rs. 1 Crore.
CA Prashant Gupta
(Expert)
19 January 2010
you need to consider Education Cess and Secondary and higher education cess. But if it is not a foreign company then Surcharge is not applicable.
Surchase is applicable only when the receiptent is a foreign company is payment/credit subject to TDS exceeds Rs. 1 Crore.
Surchase is applicable only when the receiptent is a foreign company is payment/credit subject to TDS exceeds Rs. 1 Crore.
CA Prashant Gupta
(Expert)
19 January 2010
you need to consider Education Cess and Secondary and higher education cess. But if it is not a foreign company then Surcharge is not applicable.
Surchase is applicable only when the receiptent is a foreign company is payment/credit subject to TDS exceeds Rs. 1 Crore.
Surchase is applicable only when the receiptent is a foreign company is payment/credit subject to TDS exceeds Rs. 1 Crore.
CA Prashant Gupta
(Expert)
19 January 2010
you need to consider Education Cess and Secondary and higher education cess. But if it is not a foreign company then Surcharge is not applicable.
Surchase is applicable only when the receiptent is a foreign company is payment/credit subject to TDS exceeds Rs. 1 Crore.
Surchase is applicable only when the receiptent is a foreign company is payment/credit subject to TDS exceeds Rs. 1 Crore.
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