section 195

Understanding Section 195: TDS on Payments to Non-Residents

Income Tax - Unravel the complexities of Section 195 in India's Income Tax Act. Explore TDS rates, compliance steps, and strategies for non-resident payments. Stay tax-savvy!...

Understanding TDS on Immovable Property Purchases: A Buyer’s Guide

Income Tax - Learn about Section 194-IA and essential aspects of TDS when buying property in India. Explore deductor-deductee roles, exemption criteria, deposit process, and consequences....

Demystifying Form 15CA and 15CB: A Guide to Foreign Remittances

Income Tax - Learn about Form 15CA and 15CB: Crucial for foreign remittances and tax compliance. A complete guide for taxpayers....

Tax Procedures & Implications for NRIs Selling Immovable Property in India

Income Tax - Learn about tax procedures and implications when an NRI sells property in India to a resident. Explore how to reduce TDS and obtain a lower deduction certificate...

TDS Rate Chart for FY 2023-24 / AY 2024-25 – Updated

Income Tax - Updated TDS Rate Chart for FY 2023-24 (AY 2024-25). Find the latest rates for tax deduction at source for various transactions. Easy-to-understand guide....

Webinar on Monthly Updates on Direct & Indirect Taxes on 3rd December 2022

Income Tax - Direct & Indirect Taxes : Monthly Updates Date & Time – 3rd December 2022 (Time:11 a.m to 12:30 p.m) Tax Guru is Organizing a 1 and Half Hour Workshop for discussions on ‘Direct & Indirect Taxes : Monthly Updates’ on the following topics- GST – 1. Replying to notices for ITC denial for- A. Mismatch [&hellip...

Procedural & technical issues on IDS, 2016 clarified

Income Tax - Clarification on certain procedural and technical issues regarding the Income Disclosure Scheme, 2016 (IDS) under section 119 of the Income-tax Act, 1961 read with section 195 of the IDS -reg. F.No.225/ 282/ 2017/ITA.II Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes (ITA. II) North Block, New D...

Section 195: 6 Suggestions made by ICAI for Rationalization of Provisions

Income Tax - Finance Act, 2012 extended the obligation to withhold taxes to non- residents irrespective of whether the non-resident has -...

CA Certificate not required for certain remittances: Govt

Income Tax - Government has recently modified the Foreign Exchange Management (Current Account Transactions) Rules, 2000 and the Liberalized Remittance Scheme (LRS) for resident individuals for further liberalizing the existing guidelines. Accordingly, all resident individuals, including minors, are allowed to freely remit upto USD 2,50,000...

Vodafone ruling effect – Exporters question TDS on foreign payment post

Income Tax - The Supreme Court judgement on Vodafone tax case seems to have opened a Pandora's box with exporters too expressing reservation on tax deducted at source (TDS) for payment with regard to overseas transactions. Exporters' body FIEO today questioned the applicability of Section 195 of the Income Tax Act, under which they are asked to pay T...

Legal Database Subscription not Copyright Transfer, Fee Not Royalty: Delhi HC

CIT Vs RELX INC (Delhi High Court) - Delhi High Court judgment in CIT vs. RELX Inc clarifies legal database subscriptions aren't copyright transfers or royalty. Insights on taxation implications....

Income from Indian Entities to Volvo Information Technology AB Not Taxable as Royalty: Delhi HC

Volvo Information Technology AB Vs DCIT (ITAT Delhi) - Delhi ITAT rules in favor of Volvo Information Technology AB, declaring receipts from Indian entities not taxable as royalty, aligning with SC precedents....

HC allows refund of Excess TDS deducted under section 195 to deductor 

Tupperware India Pvt. Ltd. Vs CIT (International Taxation) (Delhi High Court) - Explore the judgment of Delhi High Court in Tupperware India Pvt. Ltd. Vs CIT regarding the refund of excess TDS under Section 195 of the Income Tax Act, 1961....

Subscription, professional and training services not FTS hence not taxable: ITAT Delhi

Service Now Nederland BV Vs ACIT (ITAT Delhi) - ITAT Delhi held that subscription, professional and training services rendered by the assessee do not fall within the definition of FTS under India-Netherland DTAA and, therefore, cannot be taxed in India....

Vessel Damage Payments, Capital in Nature and Not fall under Section 5(2): ITAT

DCIT Vs Nirma Limited (ITAT Ahmedabad) - ITAT Ahmedabad upheld decision of CIT(A), ruling in favor of Nirma Limited. The nature of payments for vessel damage was deemed as reimbursement and capital in nature, not falling under Section 5(2) of the Act. The appeal by Revenue was dismissed, affirming the cancellation of TDS deduction on the p...

Reg. Application in Form 15E for section 195(2) & 195(7) certificates

Instruction No. 1 of 2022 [F. No: CPC(TDS)/197 Certificate/Cut off date/2021-22/] - (02/03/2022) - it has been decided that no such request for Form 15E for certificates under section 195(2) & 195(7) for a particular Financial Year shall be accepted after 15th of March of the Financial Year. For instance, no application for certificates for Financial Year 2021-22 shall be allowed after 15.03.2022...

CBDT notifies New Form 15E and rule 29BA

Notification No. 18/2021-Income Tax/G.S.R. 194(E) - (16/03/2021) - CBDT vide notification No. 18/2021-Income Tax, Dated: March 16, 2021 inserted new rule 29BA. Application for grant of certificate for determination of appropriate proportion of sum (other than Salary), payable to non-resident, chargeable in case of the recipients and also released new FORM No. 15E &...

CBDT clarifies on Certificates for lower rate/nil TDS/TCS certificate

F.No. 275/25/2029- IT( B) - (09/04/2020) - Clarification on orders dated 31.03.2020 and 03.04.2020 issued under section 119 of the Income-tax Act, 1961 (the Act) by CBDT vide F. No. 275/25/2020-IT(B) regarding issuance of certificate for lower rate/nil deduction/collection of TDS, TCS U/s. 195, 197 and 206C(9) of the Income-tax Act. 1961...

Lower/nil rate of TDS/TCS applications to be disposed liberally by 27.04.2020

F. No. 275/25/2020-IT(B) - (03/04/2020) - In case of pending applications for lower/nil rate of TDS/TCS for F.Y. 2019-20, the Assessing Officers have been directed to dispose off the applications through a liberal procedure by 27.04.2020, so that the taxpayers may not have to pay extra tax which may cause liquidity issues to them. F. No. 27...

Certificates for lower rate/nil deduction/collection of TDS or TCS- Reg.

F. No. 275/25/2020-IT(B) - (31/03/2020) - CBDT Order on issue of certificates for lower rate/nil deduction/collection of TDS or TCS uls 195, 197 and 206C (9) when Assesee was given such certificate for Financial year 2019-20 and when Assessee is Applying or Applied for first time for such certificate...

Recent Posts in "section 195"

Legal Database Subscription not Copyright Transfer, Fee Not Royalty: Delhi HC

CIT Vs RELX INC (Delhi High Court)

Delhi High Court judgment in CIT vs. RELX Inc clarifies legal database subscriptions aren't copyright transfers or royalty. Insights on taxation implications....

Income from Indian Entities to Volvo Information Technology AB Not Taxable as Royalty: Delhi HC

Volvo Information Technology AB Vs DCIT (ITAT Delhi)

Delhi ITAT rules in favor of Volvo Information Technology AB, declaring receipts from Indian entities not taxable as royalty, aligning with SC precedents....

HC allows refund of Excess TDS deducted under section 195 to deductor 

Tupperware India Pvt. Ltd. Vs CIT (International Taxation) (Delhi High Court)

Explore the judgment of Delhi High Court in Tupperware India Pvt. Ltd. Vs CIT regarding the refund of excess TDS under Section 195 of the Income Tax Act, 1961....

Subscription, professional and training services not FTS hence not taxable: ITAT Delhi

Service Now Nederland BV Vs ACIT (ITAT Delhi)

ITAT Delhi held that subscription, professional and training services rendered by the assessee do not fall within the definition of FTS under India-Netherland DTAA and, therefore, cannot be taxed in India....

Vessel Damage Payments, Capital in Nature and Not fall under Section 5(2): ITAT

DCIT Vs Nirma Limited (ITAT Ahmedabad)

ITAT Ahmedabad upheld decision of CIT(A), ruling in favor of Nirma Limited. The nature of payments for vessel damage was deemed as reimbursement and capital in nature, not falling under Section 5(2) of the Act. The appeal by Revenue was dismissed, affirming the cancellation of TDS deduction on the payment of USD 4,50,000....

Royalty u/s 9(1)(vi): Broadcasting rights for live event not chargeable to tax as royalty

Lex Sportel Vision Pvt. Ltd. Vs ITO (ITAT Delhi)

ITAT Delhi held that broadcasting “Live events” does not amount to a work in which copyright subsists i.e., “Live Rights”, is not “copyright” and therefore any payment made thereto can’t be said to be chargeable to tax as royalty under section 9(1)(vi)....

Section 248 Inapplicable to Tax Liability in Dividend Distribution by a Company

Dun & Bradstreet Technologies & Data Services Pvt. Ltd. Vs PCIT (Madras High Court)

Explore the Madras High Court's ruling on Section 248's inapplicability to dividend declarations. Detailed analysis and implications of the judgment....

Employee not liable for employer’s failure to deposit TDS on his Salary: Delhi HC

Harshdip Singh Dhillon Vs Union of India (Delhi High Court)

Delhi High Court rules in favor of employee, stating the employer is responsible for TDS deposit. Petitioner exempted from tax liability. Details and analysis here....

Treating purchases as bogus unjustified if sales duly accepted

Bhartiya International Ltd. Vs DCIT (ITAT Delhi)

ITAT Delhi held that disallowance of purchases by treating it as bogus unjustified as the impugned purchases have been sold and the sales have been accepted as there cannot be any sale without purchases....

Disallowance of interest on loan given to subsidiary unjustified as investment was purely for commercial expediency

Aban Offshore Limited Vs DCIT (ITAT Chennai)

ITAT Chennai held that disallowance of interest u/s 36(1)(iii) of the Income Tax Act on loans and advances given to subsidiary company unjustified as investment in subsidiary is purely for commercial expediency....

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