Learner
4016 Points
Joined December 2009
Dear Rachit,
Agree with Nicky Sir, Generally TDS will be attracted & factors that will determine are -
1) Income(i:e Interest ) must be taxable in India because only then the questio of TDS will arise - In this regard u have to see Sec 9 & Sec 5
Extraxt of Sec 9 - income by way of interest payable by—
(a) the Government ; or
(b) a person who is a resident, except where the interest is payable in respect of any debt incurred, or moneys borrowed and used, for the purposes of a business or profession carried on by such person outside India or for the purposes of making or earning any income from any source outside India ; or
(c) a person who is a non-resident, where the interest is payable in respect of any debt incurred, or moneys borrowed and used, for the purposes of a business or profession carried on by such person in India ;
Extract of Sec 5 - Subject to the provisions of this Act, the total income of any previous year of a person who is a non-resident includes all income from whatever source derived which—
(a) is received or is deemed to be received in India in such year by or on behalf of such person ; or
(b) accrues or arises or is deemed to accrue or arise to him in India during such year.
2) U have to refer to DTAA, if any, with the relevant country...