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)}]

13 January 2010 yes u need to to consider

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.

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.

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.

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.

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.


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