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1) Who is responsible to deduct tax under section 195 of Income Tax Act, 1961?

Any person responsible for paying to a non-resident, not being a company, or to a foreign company, shall deduct income-tax thereon at the rates in force.

2) Nature of Payment

a) Any interest (not being interest referred to in section 194LB, 194LC and 194LD)

b) Any other sum chargeable under the provision of this Act (not being income chargeable under the head ‘Salaries’)

TDS on Non-Resident Payments

3) When to Deduct TDS undber Section 195?

At the time of credit of such income to the account of payee or at the time of payment, whichever is earlier.

For this purpose credit to “Interest payable account” or “Suspense account” or any other name shall be deemed to be a credit of such income to the account of the payee.

For this purpose, “payment” can be in cash or by issue of a cheque or draft of by any other mode.

If interest is payable by the Government or a public sector bank or a public financial institution, then tax deduction shall be made only at the time of payment thereof in cash or by cheque or draft or any other mode.

Second Provisio to Section 195(1) exempting TDS on dividend referred to in Section 115-O has been deleted.[Finance Act 2020]

4) Threshold limit

No threshold limit. However, tax shall be deducted on sum chargeable to tax. Therefore, if no sum is chargeable to tax in India, then no tax is required to be deducted.

5) Other sums under Section 195

– Applicability: TDS to be deducted on any sum chargeable under the provisions of Income Tax Act, 1961 not being income chargeable under the head ‘Salaries’. (E.g. Payments such as interest, royalty, fees for technical services are liable for tax deduction u/s. 195 of the Act)

– Payer: Any person (both Resident and Non-resident)

– Payee: Non-residents / Foreign Company

– Threshold limit: NIL i.e. No Threshold limit.

– No TDS u/s. 195 on payment of Income chargeable under the head ‘Salaries’ or payments covered u/s. 194LB or 194LC or 194LD.

– TDS to be deducted at the time of payment or credit, whichever is earlier.

6) Income Deemed to Accrue or Arise In India

– As per the provisions of Section 5(2)(b) of the Act, the total income of a non-resident also includes all income which accrues or arises or is deemed to accrue or arise in India to the non-resident.

– To check whether the income of the non-resident is deemed to accrue or arise in India–We have to refer Section 9.

– If the income is deemed to accrue or arise in India, then the payer is liable to withhold taxes in India

Following shall be deemed to accrue or arise in India:

√ Section9(1)(ii)– Income which falls under the head “Salaries” ,if it is earned in India, i.e. when the services are rendered in India [Tax deductible u/s. 192]

√ Section9(1)(iii)– Salary payable by the Central Govt. to a citizen of India for services rendered outside India [Tax deductible u/s. 192]

√ Section9(1)(iv)– Dividend paid by an Indian company outside India

> SECTION 9(1)(v) –INTEREST

Income by way of interest payable by a Resident shall be deemed to accrue or arise in India except if amount used for 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

> SECTION 9(1)(vi) –ROYALTY

Income by way of royalty payable by a Resident shall be deemed to accrue or arise in India except where the royalty is payable in respect of any right, property or information used or services utilized 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.

> SECTION 9(1)(vii) –FEES FOR TECHNICAL SERVICES

Income by way of fees for technical services payable by a Resident, except where the fees are payable in respect of services utilized in 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.

> SECTION 9(1)(viii) –SUM OF MONEY

Income arising outside India, being any sum of money referred to in Section 2(24)(xviia), paid on or after 5th July, 2019 by a resident to a non-resident / foreign company shall be deemed to accrue or arise in India.

√ Section 2(24)(xviia) includes in Income-any sum of money covered u/s. 56(2)(x) of the Act.

However, Gift of any sum of money from relative shall not be liable for withholding tax obligation u/s. 195.

> SECTION 9(1)(i) – Income other than Interest / Royalty FTS / Salaries / Dividend

All income accruing or arising, whether directly or indirectly, through or from

√ Business connection in India

√ Property in India

√ Asset or source of income in India

√ Transfer of a Capital asset situated in India

> EXPLANATION TO SECTION 9

For the removal of doubts, it is here by declared that for the purposes of this section, income of a non-resident shall be deemed to accrue or arise in India under clause (v) [Interest] or clause (vi) [Royalty] or clause (vii) [Fees for technical services] of sub-section (1) and shall be included in the total income of the non-resident, whether or not:

√ The non-resident has a residence or place of business or business connection in India; or

√ The non-resident has rendered services in India.

Withholding tax obligation u/s. 195

If the payment to non-resident or a foreign company is covered u/s. 9 of the Act and chargeable to tax, the provisions of Section195 of the Act shall come into play.

As per Section 195 (1)–Tax is required to be deducted at the time of payment or credit, whichever is earlier at the rates in force.

Further, TDS u/s. 195 is also required to be withheld at the time of making provision on accrual basis the payee is identified and amount is ascertainable.

> RATES IN FORCE –Section 2(37A)(iii)

  • Rate or Rates in force means-The rates of income tax specified in the

√ Finance Act of the relevant previous year, or

√ DTAA (Double Taxation Avoidance Agreement)

  • Section 90(2)-The provisions of the Act or the DTAA, whichever is more beneficial to the assessee shall be applied.
  • Surcharge and Education Cess – Not required to be added separately if the rates mentioned in DTAA are applied.

> RATES IN FORCE –Finance Act, 2020

  • Some Important rates mentioned in the Finance Act, 2020 for the purpose of withholding tax u/s.195 are as under:

√ Dividend–20%

√  Royalty–10%

√ Fees for technical services–10%

√ Interest (other than 194LB / 194LC / 194LD) –20%

  • The above rates shall be increased by education cess @4% and applicable surcharge to corporate / non-corporate assessee. Rates mentioned in DTAA should be applied if they are more beneficial.

8) PERMANENT ESTABLISHMENT

> Any person who is responsible for paying any sum being royalty or fees for technical services to a non-resident / foreign company carrying on business through a Permanent Establishment (PE) in India shall deduct tax u/s. 195 of the Act at the rate of tax at applicable rates.

> Thus, for payments to Foreign Companies having a PE in India:

If amount exceeds Rs.1 Crore: 40% + 4% Cess + 2% Surcharge (42.432%)

If amount exceeds Rs.10 Crores: 40% + 4% Cess + 5% Surcharge (43.68%)

9) LOWER / NIL DEDUCTION CERTIFICATE–Application By Payer u/s. 195(2)

> Application to be made by the the Payer.

> When?–When the payer considers that the whole of such sum would not be income chargeable in the case of the recipient

> The Assessing Officer shall determine the appropriate proportion of such sum, on which tax is required to be deducted u/s. 195 of the Act.

> Nil Deduction Certificate can also be obtained u/s. 195(2) by the payer.

10) NIL DEDUCTION CERTIFICATE–Application By Payee u/s. 195(3)

> The recipient of income (Payee) can apply to the Assessing Officer for receiving payment without deduction of tax at source.

> E.g. In case of transfer of Capital Asset, if the payee wants to claim exemption u/s. 54 or 54F, he can apply to the Assessing Officer for receiving payment without deduction at source.

11) NIL / LOWER DEDUCTION CERTIFICATE u/s. 197 -FORM 13

  • The recipient of income can apply to the Assessing Officer for Lower Deduction Certificate u/s. 197 of the Act.
  • Application to be made in prescribed Form No.13
  • Lower Rate to be determined keeping in view the estimated total income, total income of previous 3 years, taxes paid for the current year.
  • Tax to be deducted by the payer at the rate mentioned in Lower Deduction Certificate issued by the AO .

12) FORM 15CA & FORM 15CB

Introduction:

As per section 195 of the Income Tax Act, tax is required to be deducted for any sum which is taxable under the Income Tax Act. So when a person desires to make any payment or remit any money to non-resident, the bank will require to check whether the tax was paid or not. If not paid; it will be checked if it is certified by the Chartered accountant or the Assessing Officer. But there are at least 33 types of foreign remittance where assessee do not require any submission of Form 15CA or Form 15CB.

♦ Need of 15CA and 15CB:

Earlier, the person making a remittance to Non-Resident was required to furnish a certificate in specified format circulated by RBI. Basic purpose was to collect the taxes at a stage when the remittance is made as it may not be possible to collect the tax from the Non-Resident at a later stage. Thus to monitor and track the transactions in an efficient manner, it was proposed to introduce e-filling of information in the certificates. Section 195 of Income tax act, 1961 mandates the deduction of Income tax from payments made to Non Resident. The person making the remittance to non – resident needs to furnish an undertaking (in form 15CA) accompanied by a Chartered Accountants Certificate in Form 15CB.

♦ 15CA

1. What is Form 15CA?

Form 15CA is a Declaration of Remitter and is considered as a tool for collecting information in lieu of payments which are chargeable for tax in the hands of recipient non-resident of India. This is starting of an effective Information Processing System which may be utilized by the Income tax Department to freely track the foreign remittances and their source to determine tax liability.

Financial Institutions are now more vigilant in seeking such Forms before remittance is effected since now as per revised Rule 37BB a duty is implied on them to furnish Form 15CA received from remitter to an income-tax authority for the uses of any proceedings under the Income-tax Act.

2. Parts of Form 15CA

  • Part A –Section A of Form 15CA is filled in by the remitter when the payment or the total sum of the payment extended by the remitter to NRI recipient during a particular Financial Year is Rs. 5 Lakhs or less.
  • Part B –Section B of Form 15CA is in the role when such payments are more than Rs. 5 Lakhs. Information is entered by the filer in Section B after acquiring a certificate from Assessing Officer (valid under section 197) or the order from Assessing Officer (valid under sub-section (2) or sub-section (3) of section 195).
  • Part C –If such payments made during a particular FY exceed Rs. 5 Lakhs, the related information has to be entered in Section C of Form 15CA after acquiring the Tax Determination Certificate or Form 15CB from authorized CA (valid under sub-section (2) of section 288).
  • Part D –Payments made by the remitter during a particular FY which is not referred to in sub-section 37BB or in other words is not taxable under law, the information related to such payments is to be entered in Section D of Form 15CA.

Note: Form 15CB is required to be filled only when the remittance exceeds Rs 5 Lakh in the said fiscal under the income tax act 1961.

Analysis:- A person responsible for making a payment to a non-resident or to a foreign company has to provide the following details –

i. When payment made is below Rs 5 lakh

For such payments information is required in Part A of Form 15CA

ii. When payment made exceeds Rs 5 lakh

1. Part B of Form 15CA has to be provided

2. Certificate in Form 15CB from an authorized CA.

3. Part C of Form 15CA

iii. When the payment made is not chargeable to tax under IT Act

1. Part D of Form 15CA

2. In the following cases, no submission of information is required

      • The remittance is made by an individual and it does not require prior approval of Reserve Bank of India [as per the provisions of section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999) read with Schedule III to the Foreign Exchange (Current Account Transaction) Rules, 2000]

There are at least 33 types of foreign remittances where you do not require any submission of Form 15CA or Form 15CB under rule 37BB:

Sl. No. Nature of Payment
1 Indian investment abroad – in equity capital (shares)
2 Indian investment abroad – in debt securities
3 Indian investment abroad- in branches and wholly owned subsidiaries
4 Indian investment abroad – in subsidiaries and associates
5 Indian investment abroad – in real estate
6 Loans extended to Non-Residents
7 Advance payment against imports
8 Payment towards imports- settlement of invoice
9 Imports by diplomatic missions
10 Intermediary trade
11 Imports below Rs.5,00,000- (For use by ECD offices)
12 Payment- for operating expenses of Indian shipping companies operating abroad.
13 Operating expenses of Indian Airlines companies operating abroad
14 Booking of passages abroad -Airlines companies
15 Remittance towards business travel.
16 Travel under basic travel quota (BTQ)
17 Travel for pilgrimage
18 Travel for medical treatment
19 Travel for education (including fees, hostel expenses etc.)
20 Postal Services
21 Construction of projects abroad by Indian companies including import of goods at project site
22 Freight insurance – relating to import and export of goods
23 Payments for maintenance of offices abroad
24 Maintenance of Indian embassies abroad
25 Remittances by foreign embassies in India
26 Remittance by non-residents towards family maintenance and savings
27 Remittance towards personal gifts and donations
28 Remittance towards donations to religious and charitable institutions abroad
29 Remittance towards grants and donations to other Governments and charitable institutions established by the Governments.
30 Contributions or donations by the Government to international institutions
31 Remittance towards payment or refund of taxes.
32 Refunds or rebates or reduction in invoice value on account of exports
33 Payments by residents for international bidding.

♦ 15CB

1. What is Form 15CB?

Form 15CB liability can be ascertained and certified by obtaining the Certificate from a Chartered Accountant in Form no. 15CB. This certificate has been prescribed under Section 195(6) of the Income-tax Act and is an alternate channel of obtaining Tax clearance apart from Certificate from Assessing Officer.

Remmitance

Extract of Section 195 of Income Tax Act, 1961

Section 195 TDS on Non-Resident Payments

195. (1) Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest (not being interest referred to in section 194LBor section 194LC) or section 194LD or any other sum chargeable under the provisions of this Act (not being income chargeable under the head “Salaries”) shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force :

Provided that in the case of interest payable by the Government or a public sector bank within the meaning of clause (23D) of section 10 or a public financial institution within the meaning of that clause, deduction of tax shall be made only at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode.

[***]

Explanation 1.—For the purposes of this section, where any interest or other sum as aforesaid is credited to any account, whether called “Interest payable account” or “Suspense account” or by any other name, in the books of account of the person liable to pay such income, such crediting shall be deemed to be credit of such income to the account of the payee and the provisions of this section shall apply accordingly.

Explanation 2.—For the removal of doubts, it is hereby clarified that the obligation to comply with sub-section (1) and to make deduction thereunder applies and shall be deemed to have always applied and extends and shall be deemed to have always extended to all persons, resident or non-resident, whether or not the non-resident person has—

 (i)  a residence or place of business or business connection in India; or

(ii)  any other presence in any manner whatsoever in India.

(2) Where the person responsible for paying any such sum chargeable under this Act (other than salary) to a non-resident considers that the whole of such sum would not be income chargeable in the case of the recipient, he may make an application 13[in such form and manner to the Assessing Officer, to determine in such manner, as may be prescribed, the appropriate proportion of such sum so chargeable, and upon such determination, tax shall be deducted under sub-section (1) only on that proportion of the sum which is so chargeable.

(3) Subject to rules made under sub-section (5), any person entitled to receive any interest or other sum on which income-tax has to be deducted under sub-section (1) may make an application in the prescribed form to the Assessing Officer for the grant of a certificate authorising him to receive such interest or other sum without deduction of tax under that sub-section, and where any such certificate is granted, every person responsible for paying such interest or other sum to the person to whom such certificate is granted shall, so long as the certificate is in force, make payment of such interest or other sum without deducting tax thereon under sub-section (1).

(4) A certificate granted under sub-section (3) shall remain in force till the expiry of the period specified therein or, if it is cancelled by the Assessing Officer before the expiry of such period, till such cancellation.

(5) The Board may, having regard to the convenience of assessees and the interests of revenue, by notification in the Official Gazette, make rules specifying the cases in which, and the circumstances under which, an application may be made for the grant of a certificate under sub-section (3) and the conditions subject to which such certificate may be granted and providing for all other matters connected therewith.

(6) The person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum, whether or not chargeable under the provisions of this Act, shall furnish the information relating to payment of such sum, in such form and manner, as may be prescribed.

(7) Notwithstanding anything contained in sub-section (1) and sub-section (2), the Board may, by notification in the Official Gazette, specify a class of persons or cases, where the person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum, whether or not chargeable under the provisions of this Act, shall make an application [in such form and manner to the Assessing Officer, to determine in such manner, as may be prescribed], the appropriate proportion of sum chargeable, and upon such determination, tax shall be deducted under sub-section (1) on that proportion of the sum which is so chargeable.

(Republished with amendments)

Read Also:-

SECTION TAXGURU LINKS
192 Section 192 TDS on Salary- Analysis
192A Section 192A | TDS on Payment of Accumulated balance due to an Employee
193 Section 193 TDS from Interest on Securities – Analysis
194 Section 194 TDS on payment of dividend
194A Section 194A TDS on Interest (other than Interest on Securities)
194B Section 194B TDS on winnings from Lottery, Game Shows & Puzzle etc
194BB Section 194BB TDS on Winning from Horse Races
194C Section 194C TDS on Payment to Contractor
194D Section 194D TDS on Insurance Commission- Analysis
194DA Section 194DA TDS on Payment in respect of Life Insurance Policy
194E Section 194E TDS on Payments to Non-Resident Sportsmen or Sports Association
194EE Section 194EE TDS on Payments in respect of Deposit under NSS
194F Section 194F TDS on Payments on account of repurchase of units by Mutual Fund or UTI
194G Section 194G TDS on Commission on Sale of Lottery Tickets- Analysis
194H Section 194H TDS on Commission & Brokerage- Analysis
194I Section 194I TDS on Rent – Analysis
194-IA Section 194IA TDS on Purchase of Immovable Property
194-IB Section 194IB TDS on Rent of Property
194-IC Section 194IC TDS on Payment Made Under Specified Agreement
194J Section 194J TDS on Professional or Technical Fees
194K Section 194K TDS on Income In Respect of Units of Mutual Fund
194-LA Section 194LA TDS on Payments of Compensation on Acquisition of certain Immovable Property
194-LB Section 194LB TDS on Income by way of Interest from Infrastructure Debt Fund 
194-LBA Section 194LBA TDS on Certain Income from Units of a Business Trust
194-LBB Section 194LBB TDS on Income in Respect of Units of Investment Fund
194-LBC Section 194LBC TDS on Income in Respect of Investment in Securitization Trust
194-LC Section 194LC | TDS on Interest Income from Indian Company or Business trust
194-LD Section 194LD TDS on Interest Income on certain Bonds/Government Securities
194M Section 194M TDS on payments of certain Sums by Individual & HUF
194N Section 194N TDS on cash withdrawal from banks/post offices
194O Section 194O TDS on E-commerce Operator- Analysis
194P Section 194P Deduction of tax in case of specified senior citizen
194Q Section 194Q Deduction of tax at source on payment of certain sum for purchase of goods
195 Section 195 TDS on Non-Resident Payments
195A Section 195A Income Payable ‘Net of Tax’
196B Section 196B TDS on long term capital gains from units referred to in section 115AB
196C Section 196C TDS on Income from foreign currency bonds or GDRs
196D Section 196D TDS on Income of foreign institutional investors from securities
197 Section 197 Certificate For TDS Deduction at Lower Rate
197A Section 197A – No TDS Deduction – Form 15G & Form 15H
198 Section 198 Tax Deducted at Source shall be deemed to be income received
200 (1) & (2) Section 200(1) & (2) Time Limit for Deposit of Tax Deducted at Source
200 (3) Section 200(3) Forms & Time Limit for Submitting Quarterly TDS Returns
203 Section 203 TDS Certificate
200A Section 200A Processing of Statements of Tax Deducted at Source
201 Section 201 Consequences of Non-Compliance to TDS
203A Section 203A Tax Deduction And Collection Account Number
206AA Section 206AA Mandatory Requirement of Furnishing PAN-TDS
206AB &
206CCA
Section 206AB & 206CCA Higher Rate of TDS/TCS in Case of Non-Filers of Return
206C Section 206C Tax Collection at Source (TCS)
206CC Section 206CC Mandatory Requirement of Furnishing PAN
40(a)(i) Disallowance for Non deduction of Tax at Source

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28 Comments

  1. mayur shah says:

    I want to make payment in south africa for a event in south africa for renting of equipment taken from south africa for event in south africa. Do I need to deduct TDS ? & at what rate ?

  2. Arvind Singh says:

    Hi,
    I want to make payment to US company for Annual Fee of software. They do not have PAN. They given us TRC & Form 10F. Invoice amount is $ 958/-. which TDS % ? on service.

  3. Arvind Singh says:

    Hi Sir, I want to make payment to US company for Annual Fee of software. They do not have PAN. They given us TRC & Form 10F. for them TDS % be debited in payment and Invoice amount is $ 958/-.

  4. Jain says:

    We are a manufacturing firm located in Gujarat. We wants to participate a Trade fair at Dubai. The agency in Dubai sent to us an Invoice for AED 20,00 for the booth charges.

    My question is does any Tax applicable for sending money to a foreign customer?
    Can I send the money without payment any tax? If so, whare are the documents required for sending money without tax?

  5. Rajesh says:

    Dear Sir,
    We are a Singapore based company. We are carrying out some work for ONGC in India. We had been granted lower tax certificate under sec 195 for the FY 2021-22. We completed our project in March. However, the payment for March invoice has not been released yet (30-05-22). Can the payer make payment for our March 22 invoice to us based on tax certificate provided for 2021-22 or we need to get a new certificate for FY 2022-23 in order to get the payment? Thanks

  6. Atul sharma says:

    Whether TDS so deducted u/s 195 on sale of property in india can be claimed as refund by the NRI by filling his return of Income in India ?

  7. Kiran says:

    1) We’re paying in USD via Credit Cards towards purchase of services like Tookan/ Linkedin / Miro towards business usage. Shall we deduct TDS u/s 195, if yes at what Percentage we’ve to deduct (PAN is not available) and is there any supporting clause which mentions not to deduct TDS?
    2) Payments were already made without deducting TDS, Whether to grossup for deduction of tax if TDS has to be deducted?

  8. Avinash Saant says:

    Dear Sir,

    There are some expenses of my mother who is a resident Indian for the property. Can I pay online? But she will return to my NRO A/c as a reimbursement of expenses. Is the transaction is valid? She need to deduct TDS or get 15CA/CB?

  9. Gora Lal Gargi says:

    My son was Indian Citizen when he bought ICICI Pru Life Insurance Policy and paid three installments of 133000 each in FY 2006,2007 and 2008 without availing any rebate u/c 80 C or any other clause. Now he is Citizen of USA and surrendered policy in FY 2020-2021. What shall be his income tax liability against gain of Rs. 922400 and when payment was made, ICICI Pru Life Insurance Company deducted Rs.288105/- as TDS. Please guide how can he get refund of this TDS

  10. AJAY says:

    Hi Sir,
    I want to make payment to Spain based company for Testing Charges. They do not have PE in India and no PAN. They given us TRC, Declaration of PE. for them TDS not be debited in payment and we have to pay it on top of PI amount.

  11. Nagarjuna says:

    Dear Experts,

    We’re paying in USD via Credit Cards towards purchase of services like AWS / Linkedin / Miro towards business usage. Shall we deduct TDS u/s 195, if yes at what Percentage we’ve to deduct or is there any supporting clause which doesnt mentions not to deduct TDS?

  12. Vandana says:

    As a non-resident who has invested in 54EC bonds I receive interest annually under Sec 195 and TDS is deducted as per DTAA. Now while filing ITR2 under which head of Income from other sources should I show this income ?

  13. drashti says:

    i received service from uk base company, telecome services 1000pound should i have to deducte tds u/s195 ? if yes then why ? And if no then WHy?

  14. Shilpa says:

    payment made for purchase of software and AMC of software to foreign comapny.
    is tds required to be deducted
    what all requirements are there for such remittance

  15. rakesh says:

    TDS deducted from my bank account under 195, suppose 15000 rs in the previous year, is there any way I can get a refund of this deducted TDS while filing an income tax return?

  16. Poonam Shetty says:

    Hi
    Non Residency person.
    In Designer Charges payments against Outward remittance TDS is applicable. If yes at what rate.
    RCM applicable for this transaction.
    Please advise.
    Thank You

  17. George says:

    Hi,
    I am purchasing a subscription to a service for my school from a company based in the UK.

    The subscription service evaluates the capability of each student in a subject. The subscription charges are about Rs. 50,000/-.

    Do we need to deduct TDS u/s 195 before paying them? If yes, at what rate?

    If we deduct a percentage, how am I going to justify this to the UK company? I mean, if they have charged 50,000/-, they should be getting this 50000/- before they allow me to avail of their service.

    Please let me know. I will really appreciate your feedback.
    Thanks 🙂

    1. pankaj jain says:

      Deduct Tds @rate of 10.4% in royalty.
      and
      No need do deduct TDS if service provider furnish.
      TRC , Deceleration of PE , & Form 10F

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