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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 924 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 39172 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 413885 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 166749 Views 54 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 6927 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 1578 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 775 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 1031 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 1187 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 2798 Views 0 comment Print


Latest Judiciary


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 264 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 207 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 1950 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 5253 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 1578 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 30027 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 6862 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 14026 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 182455 Views 28 comments Print


SC ruling: No TDS on payment of Royalty to Non resident

March 7, 2021 12324 Views 0 comment Print

The Hon’ble Supreme Court on 2nd March 2021 in the case of Engineering Analysis Centre of Excellence Private Limited Vs CIT, put a rest to the contentious issue of tax on Payment by end users or tech companies in India to suppliers abroad on import of software as ‘Royalty’. Let’s understand what was the issue […]

No penalty for deduction of TDS at Lower Rate under wrong section

October 15, 2020 5859 Views 0 comment Print

Jitendra Sharma Vs JCIT (Intl Taxation) (ITAT Indore) ITAT Indore held that no penalty under Section 271C to be levied for deduction of tax under Section 194IA @1% instead of Section 195 @ 20.6% on purchase of property from Non Resident. FULL TEXT OF THE ITAT JUDGEMENT The above captioned appeals filed at the instances […]

No income tax on Revenue from IDC/Management /Referral Agreement under India-Singapore DTAA

August 6, 2020 1308 Views 0 comment Print

The issue under consideration is whether income tax levied on revenue received from IDC agreement, management agreement, and referral agreement as per the India-Singapore DTAA?

Interest Income as ‘Beneficial owner’ cannot be taxed under Article 11(3)(c) of India-Mauritius Tax Treaty

July 28, 2020 2232 Views 0 comment Print

The issue under consideration is whether as per India-Mauritius DTAA, Interest Income from Foreign Currency loan and Securities would be eligible to tax in India?

Basics of Section 195 of Income Tax Act, 1961

July 14, 2020 107518 Views 10 comments Print

To Whom does Section 195 applies? a) A resident Making Payment to Non-Resident and, b) A Non-Resident making payment to a Non-resident. As per Section 195, it says Any person responsible for paying to non-resident…any person not only includes Resident but also non-resident making payment to a non-resident

Form 15CA & 15CB- Things to be kept in mind

July 3, 2020 429673 Views 39 comments Print

The new rules for preparation, filing/ issuing forms 15CA and 15CB are effective from 01st April’2016. With these new rules coming into effect significant changes have come into effect for furnishing forms 15CA & 15CB. Some of the key changes for furnishing form 15CA & 15CB that have come into effect from 01st April’2016 are:

Interesting Cases for TDS u/s 195 – Foreign Remittance from India

July 1, 2020 52322 Views 4 comments Print

Withholding taxes u/s 195 in respect of transactions with Non-Residents has always been a bone of contention between Assessee and tax authorities. Though liability for deduction of TDS is clear in respect of some transactions like royalties, fees for technical services, interest etc.,

DTAA overrides the Act, even if it is Inconsistent with the Act

June 28, 2020 2877 Views 0 comment Print

whether the assessee has to deduct tax at source at the rates prescribed in section 206AA in case the payees are unable to furnish their PANs, even if tax liability arises out of the treaty?

Reimbursement of Audit fees to foreign parent company: Taxable

June 23, 2020 3606 Views 0 comment Print

SPX India Pvt. Ltd. Vs CIT (ITAT Delhi) Tax was required to be deducted at source on share of ISO audit expenses paid to foreign parent company, as element of income was embedded in receipt of auditor.  FULL TEXT OF THE ITAT JUDGEMENT Assessee is in appeal before us against the order of ld. CIT […]

Reimbursement of technical expenses-Cost Allocation: Non-Taxable

June 23, 2020 2526 Views 0 comment Print

Bureau Veritas-Indian Division Vs ADIT (ITAT Mumbai) Technical expenses allocated by head office to assessee-Indian division was in nature of reimbursement of technical expenses to head office and not on account of any specific technical services having been ‘made available’ and, therefore, such amount could not be brought to tax in hands of assessee under […]

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