It will be come under section 195 of IT act 1961, if the payment made from india to outside (NRI) the India so TDS to be deducted u/s 195 on such payment.
Posted 3 years, 8 months ago by CA HEMANTH KUMAR Y.S
He has paid to foreign Company, which do not have any establishment in India.
Posted 3 years, 8 months ago by Ankit Sharma
In the present case, sec 195 & DTAA becomes relevant. Sec 195 tells, any payment of taxable income to a non resident, tds needs to be deducted, how ever this is subject to sec 90 of the IT act. Accoring to sec 90, the provisions of IT or DTAA which ever is beneficial needs to be applied. Hence please check the DTAA of Indo china. This kind of income may not be taxable according to the DTAA.
Posted 3 years, 8 months ago by Mukesh Jain CA
Very well explained by mukesh.
However if TDS is deducted than TDS certificate should be issued to deductee. And deductee need to file his return to claim refund. He can choose DTAA or incometax provisions, whichever are beneficial to him.
Posted 3 years, 8 months ago by CA Pulkit Sharma
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