TDS on imports

Do we need to deduct TDS on payment to the importer ?
Replies (1)

Hi Nidhi — this is a very relevant and often misunderstood topic. Let's clarify:


🧾 Your Question:

“Do we need to deduct TDS on payment to the importer?”

We’ll interpret this as: "Should I deduct TDS when I am making payment to a non-resident/importer for imported goods?"


βœ… Short Answer:

❌ No, TDS is generally not required on payments for import of goods, provided it is a business transaction involving only sale of goods and no services or royalty/technical fees are involved.


πŸ” Detailed Explanation:

πŸ“˜ Under Section 195 of the Income Tax Act:

TDS is to be deducted only if:

  1. The payment is made to a non-resident, AND

  2. The payment is chargeable to tax in India

Now, if you are importing goods (raw materials, components, products) from a foreign supplier, and:

  • It's a pure sale-purchase transaction, and

  • There's no element of service, royalty, or technical fee, and

  • The foreign party has no permanent establishment (PE) in India

πŸ‘‰ Then the payment is NOT taxable in India, and hence no TDS is required.


❗ But Be Careful — TDS May Be Required in These Cases:

Scenario TDS Applicable? Remarks
Pure import of goods ❌ No No taxability in India
Payment for services from abroad (e.g., consultancy, software support) βœ… Yes TDS u/s 195
Import of software license (with royalty element) βœ… Yes Treated as royalty in many cases
Composite contracts (goods + services) βœ… Maybe You must split values
Payment to foreign agent for commission βœ… Yes TDS u/s 195 if taxable in India

πŸ“Œ CBDT Clarification:

The CBDT has clarified in many circulars and case laws (e.g., GE India Technology Centre Pvt. Ltd. v. CIT, SC) that:

"TDS under section 195 is applicable only if the payment is chargeable to tax in India."


βœ… Best Practice:

If there’s any doubt, it's advisable to:

  • Obtain a CA certificate (Form 15CB) confirming TDS is not applicable, and

  • File Form 15CA (required for most foreign remittances)


βœ… Summary:

Question Answer
Is TDS required on import payments to a foreign supplier? ❌ No, for pure imports of goods
When is TDS applicable? βœ… If services, royalty, or technical fees are involved

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