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Withholding tax

Latest Articles


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 1230 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 39739 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 422261 Views 28 comments 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...

July 24, 2024 230649 Views 57 comments Print

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 7206 Views 1 comment 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 1584 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 784 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 1034 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 1190 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 2846 Views 0 comment Print


Latest Judiciary


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 981 Views 0 comment Print

Tax Deduction Not Required for Remittances to Foreign Subsidiaries: ITAT Delhi

Income Tax : ITAT Delhi rules that remittances to foreign subsidiaries are not taxable in India, leading to the cancellation of tax penalties o...

September 5, 2024 420 Views 0 comment Print

Vodafone Idea Not Required to Deduct TDS on Foreign Telecom Charges: SC

Income Tax : Supreme Court dismisses IT Dept's petition, ruling Vodafone Idea isn't liable to deduct TDS on payments to non-resident telecom op...

August 20, 2024 258 Views 0 comment Print

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 2001 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 6234 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 30666 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 6895 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 14140 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 183049 Views 28 comments Print


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

January 19, 2023 6234 Views 0 comment Print

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 provisions of section 9(1)(vii) of the Act and consequently, assessee need not to deduct TDS u/s. 195 of the Act and thus, question of disallowance of said payment u/s. 40(a)(i) of the Act does not arise.

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

September 5, 2022 1611 Views 0 comment Print

Assessee was not having any permanent establishment in India and was providing the service only from Singapore and therefore the provisions of Section 195 of the Act are not applicable.

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

August 14, 2022 1395 Views 0 comment Print

Withholding certificate at a low tax rate rejected for huge outstanding demand, although same were due to pending rectification applications

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

August 14, 2022 651 Views 0 comment Print

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

Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years

August 13, 2022 13212 Views 0 comment Print

ITAT held that Reasonable time limit for issue of notice u/s 201(1)/201(1A) is 4 years and Assessee cannot be taxed for non-deduction of TDS U/s. 195  if non-resident discharged obligation with respect to payment of capital gains tax

TDS not deductible on payment by Deolitte India to Deolitte UK for global brand/communication/technology/knowledge

August 11, 2022 807 Views 0 comment Print

Payments made for global brand/communication/technology/knowledge cannot be treated as Royalty as per Article 13(3) of India-UK DTAA

TDS Consequence on non-furnishing of PAN by non-resident to Deductor

July 20, 2022 2334 Views 0 comment Print

Discover the consequences of not furnishing PAN by non-resident to deductor. Learn about the TDS rates, impact on application for lower withholding certificate, and more.

TDS u/s 195 not deductible on mere reimbursement

June 29, 2022 1683 Views 0 comment Print

TDS not deductible u/s 195 as the petitioner only seeks to make payment to Walmart Inc. of its payment to the seconded employee which is stated to be by way of reimbursement

TDS not deductible on business profit of non-resident in absence of PE in India

May 30, 2022 2832 Views 0 comment Print

Merely because a person has not deducted tax at source from a remittance abroad, it cannot be inferred that the person making a remittance has committed a failure in discharging his tax withholding obligations because such obligations come into existence only when recipient has a tax liability in India.

TDS not deductible on Payment to Facebook Ireland for Advertisement

April 10, 2022 8190 Views 0 comment Print

Addl. CIT Vs Lenskart Solution (P) Ltd. (ITAT Delhi) It was claimed by the Assessee that as the Assessee had made the payment to Facebook Ireland Inc. (FII), which admittedly did not have any permanent establishment (PE) in India and, therefore, the payments made to it for advertisement services were not chargeable to tax in […]

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