section 195 - Page 10

TDS on Salary –Key Points every employee should know

Taxation on salary is the vital area which should be known not only by the employer but also the employee should be aware about this area. Section.192 of the Income tax act is crucial section under TDS which deals with the TDS deduction on Salary. ...

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Posted Under: Income Tax |

TDS U/s. 195 not deductible if Commission Income of Foreign Agent not Taxable in India

DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad)

DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad) ITAT held that the Commission income in the hands of foreign agent is not chargeable to tax in India in the given facts & circumstances and Once an income is not chargeable to tax in India then the question of deducting TDS under the provision of […]...

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TDS on fees paid for marketing service rendered outside India

Onprocess Technology India Pvt. Ltd. Vs DCIT (ITAT Kolkata)

It was submitted by the assessee that the fees were paid for marketing service rendered outside India and hence, did not become chargeable to tax in India requiring tax deduction u/s. 195 of the Act....

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Sec. 195 No TDS deductible if sum is not chargeable to tax

PCIT Vs. Nova Technocast Pvt Ltd (Gujarat High Court)

Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal, Rajkot Bench dated 28th August 2017, raising the following question for our consideration ...

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Law on dedutibility of TDS on commission paid by Indian entity to foreign agents

ACIT Vs. Manufax (India) S.B. (ITAT Agra)

Addition u/s 40(a)(i) on account of non-deduction of tax on payments of commission to non-resident/foreign commission agents ignoring the facts that commission paid foreign commission agents is deemed to accrue or arise in India, which required deduction of tax as per section 195 of the I.T.Act.....

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Section 195 Payment towards Import of Software Amounts to Royalty

Telecomone Teleservices India Private Limited Vs The Deputy Commissioner of Income Tax (ITAT Bangalore)

The CIT (A) has failed to understand that your appellant was not under any legal obligation to effect TDS on purchase of Computer Software in F.Y. 2011-12 as these were considered as purchase of goods under the then existing provisions of law and subjected to customs duty. Purchase of computer software was brought under the definition of ...

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Section 40(a)(i) not applicable if No tax is deductible U/s. 195(1)

Barclays Bank Plc, Mumbai Vs Addl. DIT (ITAT Mumbai)

If no tax is deductible under section 195(1), section 40(a)(i) of the IT Act will not come in the way of the appellant claiming such deduction from its income: Barclays Bank Plc case...

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

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

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Posted Under: Income Tax |

In absence of liability to pay advance tax, Interest U/s. 234B not applicable

DCIT Vs. M/s Mastercard International Inc (ITAT Delhi)

While dismissing the appeal filed by the revenue, the Delhi bench of Income Tax Appellate Tribunal (ITAT) has held that interest under section 234B is not leviable in respect of payments to the non-resident assessee being subject to tax deduction at source under Section 195 of the Income Tax Act 1961. ...

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Payment for annual maintenance contracts could not be classified as fee for technical services

DHL Air Ltd. Vs. Dy. CIT (IT) (ITAT Mumbai)

It was held that the payment made for annual maintenance contracts would not fall under the category of fee for technical services within the meaning of provisions of section 194J of the Act. ...

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September 2020