Sr. Executive
64 Points
Posted on 21 June 2012
hi...
As per my opinion....
When payment is made to Non resident not being comapny, Sec 195 is applicable. here sec 194A is not tobe seen.
As mentioned in Section 195 when payment is made by government or Indian Concern to non resident for Amount borrowed/Accepted TDS is to be Deducted @ 20.6%.
The case you mentioned, tds is deducted @ 20.6%. this Treatment is correct.
Section 195 involves 10.3%,20.6% and 30.9% rates. you have to apply rates on the basis of given case.
For eg:- In case winning from horse race apply 30.9% and if Income by way of LTCG refer to in sec 115E Apply 10.3%
and on above case Apply 20.6%