Follow Us:

section 195

Latest Articles


Section 195 TDS on Share Purchase from Non-Resident: Complete LTCG Guide

Income Tax : When a resident buys unlisted shares from a non-resident, TDS must be deducted on gross consideration under Section 195, subject t...

February 23, 2026 2946 Views 0 comment Print

TDS u/s 195 on Sponsorship & Trademark Rights – Indo-Singapore DTAA

Income Tax : Payments for sports sponsorship that grant global trademark usage can be split as royalty. Courts upheld withholding where tradema...

January 1, 2026 1050 Views 0 comment Print

TDS on Instalments for Property Purchase in Joint Names Where Only One Spouse Pays (Under-Construction Property)

Income Tax : When only one spouse pays for a jointly owned property, TDS liability rests with the paying spouse. Builders’ insistence on both...

December 28, 2025 2103 Views 0 comment Print

Property Purchase from an NRI: When to Deduct and Deposit TDS

Income Tax : Buyers must deduct TDS under Section 195 on amounts paid to NRI sellers, deposit by the 7th of the following month, and not rely o...

December 28, 2025 2556 Views 2 comments Print

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

Income Tax : Section 194-IA mandates 1% TDS on immovable property purchases from resident sellers if consideration or stamp duty value is ₹50...

November 10, 2025 6219 Views 0 comment 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 32175 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 1431 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 6021 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 22510 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 2229 Views 0 comment Print


Latest Judiciary


No Specific Charge = No Penalty – ITAT Deletes 270A Penalty for Vague Notice Bonafide Claim

Income Tax : The Tribunal held that absence of a clear charge in the penalty notice makes the proceedings invalid. It ruled that failure to spe...

May 4, 2026 246 Views 0 comment Print

No TDS on Foreign Agent Commission for Services Rendered Abroad; ITAT Deletes Section 40(a)(i) Disallowance

Income Tax : The Tribunal held that commission paid to foreign agents for services rendered outside India is not taxable in India. Consequently...

April 29, 2026 267 Views 0 comment Print

Application for NIL withholding tax rightly rejected since taxability matter pending before ITAT

Income Tax : Bombay High Court held that application for NIL withholding tax certificate rightly rejected since matter of taxability of fees fo...

April 24, 2026 243 Views 0 comment Print

No FTS on Project-Specific Design Services; ‘Make Available’ Test Not Met, No Disallowance u/s 40(a)(i)

Income Tax : The Tribunal held that consultancy payments for architectural services were not FTS since no technical knowledge was made availabl...

April 16, 2026 210 Views 0 comment Print

No TDS on Foreign Commission as Income Not Taxable in India: ITAT Rajkot

Income Tax : The Tribunal rejected the Revenue’s argument that taxpayers must seek AO determination under Section 195(2) in all cases. It hel...

April 10, 2026 369 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 13833 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 4485 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 33273 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 12051 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 5985 Views 1 comment Print


No Section 40(a)(i) Disallowance for Purchases from Foreign AEs without PE in India: Delhi HC

September 15, 2025 603 Views 0 comment Print

Delhi High Court rules purchases from foreign AEs without a PE are not taxable in India, preventing Section 40(a)(i) disallowance and upholding DTAA non-discrimination clauses.

SanDisk India is not DAPE of SanDisk Ireland: ITAT Bangalore

August 28, 2025 774 Views 0 comment Print

ITAT Bangalore held that SanDisk India [Western Digital India] is not a Dependent Agency Permanent Establishment [DAPE] of SanDisk Ireland and hence the assessee income is not chargeable to tax in India.

Consideration for use of computer software through EULAs/ distribution agreement is not royalty

August 20, 2025 600 Views 0 comment Print

Delhi High Court held that consideration for the resale/use of computer software through EULAs/distribution agreement is not Royalty for the use of copyright of the computer software and hence doesn’t give rise to any taxable income in India.

Applicability of TDS on payments to foreign companies: Analysis

August 15, 2025 8304 Views 0 comment Print

Understand TDS obligations on payments to non-residents in India. Learn about Section 195 DTAA  documentation and the consequences of non-compliance.

TDS Not Deductible on Foreign Bandwidth, 80G allowed on CSR Donation

August 8, 2025 516 Views 0 comment Print

ITAT Mumbai holds that payments for foreign bandwidth do not attract TDS; also upholds deduction u/s 80G for CSR donations not claimed under Section 37.

Secondment of Employee Not FTS, No Section 195 TDS: ITAT Pune

July 30, 2025 882 Views 0 comment Print

ITAT Pune rules on Faurecia Automotive Holding case, clarifying FTS and Royalty taxation. Reverses AO’s order on seconded employee reimbursement and global support services.

Salary Reimbursements Not FTS, No TDS u/s 195 on Secondment of Employees

July 30, 2025 894 Views 0 comment Print

ITAT Delhi addresses AT&T’s appeals, quashing adjustments for notional interest on receivables, mark-up on domestic services, and TDS on seconded employee reimbursements.

No TDS on Seconded Employee Salary Reimbursement: ITAT Bangalore

July 25, 2025 1155 Views 0 comment Print

ITAT Bangalore dismisses Revenue appeals, ruling no TDS required on salary reimbursement for seconded employees. The court determined the Indian entity was the economic employer, and payments were not for technical services.

Section 206AA doesn’t override provisions of section 90(2): Gujarat HC

July 25, 2025 384 Views 0 comment Print

Gujarat High Court held that since provisions of DTAA would override the provisions of the Domestic Act where the provisions of the DTAA are more beneficial to the assessee. Thus, section 206AA of the Income Tax Act doesn’t override the provisions of 90(2) of the Income Tax Act.

Taxation of Lease Payment to Germany – A Case Study

July 16, 2025 1500 Views 0 comment Print

Understand the taxability of royalty income for German companies in India, DTAA applicability, and the procedure for claiming tax credits for TDS paid in India against German tax obligations.

Search Post by Date
May 2026
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031