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section 195

Latest Articles


Understanding HRA, TDS, and Income tax notices: Analysis

Income Tax : Learn about HRA claims, TDS obligations on rent, and why taxpayers are receiving tax notices. Understand compliance steps to avoid...

April 4, 2025 5712 Views 2 comments Print

TDS Obligations: Reimbursement of Expenses vs. Fee for Technical Services

Income Tax : Delhi HC rules reimbursements to NRAEs not subject to TDS as "fees for technical services," clarifying scope of Section 9(1)(vii) ...

September 25, 2024 1263 Views 0 comment Print

An Insight Into Tax Avoidance, Backed By Recent Developments

Income Tax : Explore the legal boundaries of tax avoidance, recent rulings, and the evolving jurisprudence in India with key cases like Vodafon...

September 12, 2024 1203 Views 0 comment Print

Countrywise Withholding Tax Rates: IT Act vs. Tax Treaties/DTAA

Income Tax : Countrywise withholding tax rates as per the Income Tax Act compared to tax treaties/DTAA. Understand differences & implications f...

September 3, 2024 39841 Views 1 comment Print

Countrywise Withholding tax rates / Chart as per DTAA

Income Tax : Withholding tax rates for dividends, interest, royalties and Fee for Technical Services in different countries. Understand how tax...

September 3, 2024 423389 Views 28 comments Print


Latest News


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 Organiz...

December 2, 2022 31845 Views 2 comments Print

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 t...

July 13, 2019 1188 Views 0 comment Print

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 -...

January 18, 2018 5724 Views 0 comment Print

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 Re...

August 10, 2015 21658 Views 6 comments Print

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...

January 25, 2012 2088 Views 0 comment Print


Latest Judiciary


Payment of interest and penalty due to default in payment of license fee is revenue expenditure

Income Tax : ITAT Delhi held that interest and penalty due to default in payment of license fee is merely compensatory in nature and hence the ...

April 8, 2025 96 Views 0 comment Print

Revisionary power u/s. 263 not sustainable as there is neither error of law nor of facts

Income Tax : ITAT Jaipur held that since there is neither error of law nor of facts, the twin condition as required to revise the assessment or...

March 25, 2025 129 Views 0 comment Print

Reimbursements for seconded employees did not constitute FTS: Karnataka HC

Income Tax : Karnataka High Court rules on TDS applicability under Section 195 of the Income Tax Act in the case of Abbey Business Services Ind...

March 19, 2025 285 Views 0 comment Print

Reimbursement of Salaries to Seconded Employees Does Not Constitute FTS

Corporate Law : Karnataka HC upholds Flipkart's stance on TDS under Section 195, ruling seconded employees' salaries as reimbursements, not taxabl...

March 16, 2025 1029 Views 0 comment Print

No addition u/s. 28(iv) for free of cost assets from sister concern as no benefit derived

Income Tax : ITAT Bangalore held that addition under section 28(iv) of the Income Tax Act for receiving fixed assets from sister concern on fre...

March 11, 2025 423 Views 0 comment Print


Latest Notifications


CBDT notifies Changes in TDS Return Form 26Q and 27Q

Income Tax : CBDT notifies the Income-tax (Seventh Amendment) Rules, 2025, updating Forms 26Q and 27Q to include Section 194T on payments to fi...

March 27, 2025 11463 Views 0 comment Print

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

Income Tax : it has been decided that no such request for Form 15E for certificates under section 195(2) & 195(7) for a particular Financial Ye...

March 2, 2022 3702 Views 0 comment Print

CBDT notifies New Form 15E and rule 29BA

Income Tax : CBDT vide notification No. 18/2021-Income Tax, Dated: March 16, 2021 inserted new rule 29BA. Application for grant of certificate ...

March 16, 2021 30840 Views 1 comment Print

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

Income Tax : 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 vid...

April 9, 2020 11562 Views 0 comment Print

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

Income Tax : In case of pending applications for lower/nil rate of TDS/TCS for F.Y. 2019-20, the Assessing Officers have been directed to dispo...

April 3, 2020 5673 Views 1 comment Print


Payments towards Interconnectivity Utility Charges not royalty/ FTS hence not taxable

August 31, 2023 585 Views 0 comment Print

ITAT Bangalore held that payments received by assessee towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty / FTS to be brought to tax in India under section 9(1)(vi)/(vii) of the Act and also as per DTAA.

Infrastructure development of leased property expenditure is revenue in nature

August 31, 2023 903 Views 0 comment Print

ITAT Delhi held that expenditure towards infrastructure development of leased property is revenue expenditure. Accordingly, treating such expenditure as capital in nature is unsustainable in law.

ITAT Mumbai Directs Readjudication on FTS Tax Deduction for AO’s Oversight

August 30, 2023 219 Views 0 comment Print

ITAT Mumbai’s ruling in Spark44 vs. ACIT case highlights failure to consider India UK DTAA provisions for tax deduction on FTS. Analysis and conclusion included.

Cost-to-cost reimbursement of secondment of employees not FTS under India-USA DTAA

August 21, 2023 2010 Views 0 comment Print

ITAT Delhi held that cost to cost reimbursement on account of secondment of employees cannot be treated as Fees for Technical Services (FTS) as defined under Article 12 of India USA-Double Tax Avoidance Agreement (DTAA).

Receipts from sale of software licenses are not royalty income

August 19, 2023 1344 Views 0 comment Print

ITAT Delhi held that the receipts from sale of software licenses are not in the nature of royalty income. Also held that, though, such income may be in the nature of business profit, however, no part of which can be attributed to the PE in India.

TDS not deductible on Commission to Non-Resident overseas Agent

August 8, 2023 7389 Views 0 comment Print

Analysis of Delhi HC ruling in PCIT Vs Maharani Enterprises: No TDS deductible on commission payment to non-resident agent overseas. Read the judgment.

Rendering cloud computing services not liable to tax in India as royalty or FTS/FIS

August 5, 2023 9879 Views 0 comment Print

ITAT Delhi held that rendering cloud computing services/ Amazon Web Services (AWS Services) cannot be held to be liable to tax in India either as royalty or as Fees for Technical Services (FTS)/ Fees for Included Services (FIS).

TDS not deductible on payments to Non-resident Telecom Operators

July 31, 2023 1494 Views 0 comment Print

Karnataka High Court held that payments made to Non-resident Telecom Operators for provision of bandwidth and Inter-connectivity Usage Charge are not covered as Royalty/ FTS and, accordingly, TDS not deductible. Further, assessee is entitled to take benefit of DTAA between two countries.

Service tax paid on services received from overseas service providers in foreign countries duly refundable

July 27, 2023 1299 Views 0 comment Print

CESTAT Mumbai held that service tax paid on services received from overseas service providers in foreign countries duly refundable as the same cannot be fastened with the liability of service tax as a ‘deemed service provider’ in India.

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

July 25, 2023 56412 Views 4 comments Print

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.

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