Tds u /s 195

Rent & NRI

There is no separate rate prescribed for TDS on rent paid to NRIs. Therefore, this would fall under the category of other income and are subject to a TDS of 30 per cent. Just like in the case of capital gains on assets, the payer of the rent is responsible for deducting the tax at source. The same process of getting a TAN and issuing a TDS certificate applies in this case too.

ashwini, your case is payment of rent to NRI. First, lets talk who is a NRI.

Non Resident Indians under FEMA means, -

(i)  An Indian Citizen, who stays in india for more than 182 days, but also goes abroad for (a) employment/ carrying on business or (b) vacation outside India or (c) stays abroad under circumstances indicating an intention for an uncertain duration.

or

(ii) An Indian citizen, who stays in india for 182 days or lesser. 

(iii) Non-resident foreign citizens of Indian Origin are treated on par with non-resident Indian citizens.

 Person Residing Outside India (PROI) is the term used for a person who is not Resident in India. And he is treated as NRI, if he falls in any of the two points mentioned above.