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Withholding tax

Latest Articles


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....

September 12, 2023 6348 Views 1 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...

July 24, 2023 37360 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...

July 24, 2023 398447 Views 28 comments Print

No TDS liability on year end provisions if payees not identified & provision revered next year

Income Tax : Karnataka HC held that no TDS liability would arise on year end provisions which were revered next year if they payees were not id...

May 23, 2023 3810 Views 0 comment Print

Sale of Property in India by an NRI – TDS provisions for Buyers & Sellers

Income Tax : Understand TDS provisions for buyers and sellers in the sale of property in India by an NRI. Get insights into tax rates, implicat...

April 8, 2023 80787 Views 38 comments Print


Latest News


Additional Income-tax on distributed income by company for buy-back of unlisted shares

Income Tax : 20% Withholding Tax Rate on profits distributed by unlisted companies to shareholders through buy-back of shares Existing provisio...

February 28, 2013 1548 Views 0 comment Print

Vodafone pays over USD 400 mn more to buy Essar's 33 per cent stake

Income Tax : Ending year-long battle, UK-based Vodafone has agreed to pay USD 400 million more to its Indian partner Essar for buying its 33 pe...

July 3, 2011 760 Views 0 comment Print

After Vodafone verdict IT department will investigate more cross-border mergers involving Indian assets

Income Tax : The government will look into more cross-border mergers involving Indian assets, like the Vodafone-Hutchison deal, after the Bomba...

September 11, 2010 1010 Views 0 comment Print

Reminder : Person receiving income subject to withholding tax is required to obtain Permanent Account Number (PAN)

Income Tax : The Finance (No.2) Act of 2009 introduced section 206AA under the Income Tax Act, 1961 (the ITA) to provide that any person who is...

July 4, 2010 1166 Views 0 comment Print

Replacement of dividend distribution tax with withholding tax to boost business

Income Tax : The cost of doing business in India could come down if the dividend distribution tax (DDT) levied on foreign shareholders is repla...

June 30, 2010 2759 Views 0 comment Print


Latest Judiciary


Delhi HC Quashes TDS Penal Action Against DLF

Income Tax : In a landmark ruling, Delhi High Court quashes TDS penal action against DLF Homes Panchkula Pvt Ltd for the FY 2013-14. Detailed v...

August 1, 2023 1836 Views 0 comment Print

TDS not deductible on payment to non-resident having no PE in India for services rendered outside India

Income Tax : ITAT held that payment made to non-resident without deducting the tax at source u/s. 195 of the Act, does not come under the provi...

January 19, 2023 3822 Views 0 comment Print

Section 195 not applies to payment not in the nature of FTS to Non-Resident not having PE in India

Income Tax : Assessee was not having any permanent establishment in India and was providing the service only from Singapore and therefore the p...

September 5, 2022 1497 Views 0 comment Print

Withholding certificate at a low tax rate cannot be rejected for demand due to pending rectification applications

Income Tax : Withholding certificate at a low tax rate rejected for huge outstanding demand, although same were due to pending rectification ap...

August 14, 2022 1224 Views 0 comment Print

TDS on interest paid to China Development Bank- HC dismisses Stay Application

Income Tax : Disputed demand has arisen for failure of Tata Teleservices to deduct tax at source on interest payments made to China Development...

August 14, 2022 564 Views 0 comment Print


Latest Notifications


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 29034 Views 1 comment Print

S. 40(a)(i) Tax Withholding on ‘Other sum chargeable’ of non residents

Income Tax : For the purpose of making disallowance of other sums chargeable under Section 40(a)(i) of the Income-tax Act, 1961, in the case of...

October 29, 2016 6757 Views 0 comment Print

Relaxation from deduction of tax at higher rate U/s. 206AA

Income Tax : 37BC. Relaxation from deduction of tax at higher rate under section 206AA.– (1) In the case of a non-resident, not being a compa...

June 24, 2016 13930 Views 1 comment Print

CBDT relaxes conditions for furnishing of Form 15CA & Form 15CB

Income Tax : Notification No. 93/2015 - Income Tax G.S.R. 978(E) dated 16th December, 2015 A CA certificate in Form No. 15CB will be required t...

December 16, 2015 181486 Views 28 comments Print


After Vodafone verdict IT department will investigate more cross-border mergers involving Indian assets

September 11, 2010 1010 Views 0 comment Print

The government will look into more cross-border mergers involving Indian assets, like the Vodafone-Hutchison deal, after the Bombay High Court on Wednesday rejected UK-based Vodafone’s petition against the imposition of tax by authorities here.

Withholding tax deductible only if non-resident’s income chargeable to tax in India

September 11, 2010 414 Views 0 comment Print

The Supreme Court on Thursday rejected the income-tax department’s contention that companies based in India were liable to deduct tax when they make any payment overseas, offering relief to domestic firms and multinational companies based here that w

Reminder : Person receiving income subject to withholding tax is required to obtain Permanent Account Number (PAN)

July 4, 2010 1166 Views 0 comment Print

The Finance (No.2) Act of 2009 introduced section 206AA under the Income Tax Act, 1961 (the ITA) to provide that any person who is entitled to receive any sum or income or amount, on which tax is to be withheld under the ITA shall furnish PAN to the person responsible for withholding of tax. In case PAN is not furnished, minimum withholding tax rate of 20% will have to be applied. This provision is now effective from1 April 2010.

Fee for technical services may be taxable in India even if completely rendered outside India

July 4, 2010 696 Views 0 comment Print

The decision of tribunal reaffirms the position that after amendment to section 9 of the Act, what is required is that, the services should be utilized in India in order to be taxable in India irrespective of the situs of rendering of the services.

Replacement of dividend distribution tax with withholding tax to boost business

June 30, 2010 2759 Views 0 comment Print

The cost of doing business in India could come down if the dividend distribution tax (DDT) levied on foreign shareholders is replaced with a withholding tax as under the current system, apex chamber Ficci has said. According to the chamber, foreign shareholders are unable to claim credit in the home country for DDT paid in India, resulting in a higher effective tax rate.

I-T department asks Sanofi Aventis to Pay 650 Crore withholding Tax over its Acquisition of Shantha Biotech last year

June 11, 2010 363 Views 0 comment Print

Close on the heels of Vodafone-Essar contesting a tax case in the Bombay High Court, tax sleuths have snared another multi-national company for tax evasion. This time, French pharma firm Sanofi Aventis, that acquired India’s Shantha Biotech last year, has been asked to pay Rs 650 crore as capital gains tax to the Indian government.

Vodafone was advised by Income Tax department to pay withholding tax before payment

June 10, 2010 387 Views 0 comment Print

THE Indian tax authorities had advised British telecom major Vodafone to pay tax on its $11-billion acquisition of Hutchison Essar before it sealed the transaction, according to a recent income tax order. In a letter on March 23, 2007, the Income Tax (I-T) department had asked Vodafone to pay withholding tax, nearly one-and-a-half month before the telco made the payment to Hong Kong-based Hutchison International for buying two-third stake in Hutchison Essar.

Swiss bank not willing to share info and alternatively offered to tax their foreign clients'

June 1, 2010 456 Views 0 comment Print

Swiss banks have offered to tax the money deposited with them by Indians and other foreigners and “immediately deliver the cash” to governments of respective countries, rather than sharing the details of their clients. Switzerland has come under increasing global pressure to share information about black money stashed in its banks. Possibly as a response, Swiss banks have now offered to tax their foreign clients’ assets but are still wary of sharing details of their customers on grounds of privacy.

Withholding tax obligation applies on payments to non-residents only if there is income chargeable to tax in India

May 20, 2010 4433 Views 0 comment Print

The Special Bench of the Tribunal, departing from the Karnataka High Court’s decision in the case of Samsung Electronics, rules that withholding tax obligation on payer applies on payments to non­residents only if there is income chargeable to tax in India. Further obtaining CA’s certificate is an alternative procedure for lower or nil withholding cases.

Taxpayer obligated to withhold tax only if payment is chargeable to tax under the provisions of Income Tax Act

May 16, 2010 549 Views 0 comment Print

This Tax Alert summarizes a recent ruling of the High Court (HC) of Delhi in the case of Van Oord ACZ India (P) Ltd. (Taxpayer) [2010-TIOL-187-HC-DEL-IT] on withholding tax obligation arising under the provisions of the Indian Tax Law (ITL) in respect of reimbursement of expenses to non-resident companies. The Delhi HC held that a payer is obligated to withhold tax only if the payment is chargeable to tax under the provisions of the ITL.

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