Tag Archives: Section 195

CBDT notified New rule 29BA and Form 15E : ayments to Non Residents : Notification No. 18/2021-Income Tax,

By | March 17, 2021

New rule 29BA. Application for grant of certificate for determination of appropriate proportion of sum (other than Salary), payable to non-resident, chargeable in case of the recipients New FORM No. 15E – Application by a person for a certificate under section 195(2) and 195(7) of the Income-tax Act, 1961, for determination of appropriate proportion of… Read More »

Sec 195 TDS on Payment to celebrity outside India for promoting Indian business : HC

By | April 13, 2020

Sec 195 TDS on Payment to celebrity outside India  Summary : Sec 195 TDS on Payment to celebrity outside India  is applicable The celebrity was to make an appearance in UAE event but admittedly the event was for below the line publicity in India. we are of the considered view that the income embedded in… Read More »

No TDS U/s. 195 on commission paid to USA based payee for services rendered outside India : ITAT

By | April 18, 2019

Non-resident company which did not have any permanent establishment India and the services by the said company was rendered outside India and such no services was rendered or no activity was performed in India   section 195 of the Act comes into play only if the concerned recipient’s income is chargeable to tax in India.… Read More »

No TDS on Payment made by KPMG India to KPMG International – Mutuality Concept

By | May 17, 2017

IN THE ITAT MUMBAI BENCH ‘L’ Deputy Commissioner of Income-tax, 3(1), Mumbai v. KPMG* JASON P. BOAZ, ACCOUNTANT MEMBER AND PAWAN SINGH, JUDICIAL MEMBER IT APPEAL NO. 2493 (MUM.) OF 2012 CROSS OBJECTION NO. 97 (MUM.) OF 2013 [ASSESSMENT YEAR 2001-02] APRIL  7, 2017 Rajguru M.V., (CIT Sr. DR) for the Appellant. Arvind Sonde, Sr.… Read More »

Payment for purchase of software without any copyright is not royalty, No TDS u/s 195

By | October 20, 2016

Held The assessee has acquired a readymade off – the shelf computer programme to be used in their business and no right was granted to the assessee to utilize the copy right of the programme and, therefore, consideration cannot be treated as royalty. As held by the CIT(A), the payments made by the assessee company… Read More »

Payment for purchase of software is not royalty/ fees for Technical Services, hence no TDS u/s 195

By | July 27, 2016

Held AO/DRP have erred in treating the acquisition of software under the head ‘fee for technical services/royalty’ requiring the assessee to pay the tax on the same. [para 30] IN THE ITAT DELHI BENCH ‘I-1’ SAIC India (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle 7(1), New Delhi KULDIP SINGH, JUDICIAL MEMBER AND N. K.… Read More »

Apply for non deduction of TDS u/s 195 even if person was subjected to concealment penalty

By | May 7, 2016

A person can apply for non-deduction of TDS u/s 195 even if he has been subjected to concealment penalty [TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION NO. SO 1655(E) [NO.31/2016 (F.NO.370142/3/2016-TPL)], DATED… Read More »

Interest on refund of excess TDS Depoisted u/s 195 can’t be denied : CBDT

By | April 27, 2016

SECTION 244A, READ WITH SECTION 195, OF THE INCOME-TAX ACT, 1961  PAYMENT OF INTEREST ON REFUND OF EXCESS TDS DEPOSITED UNDER SECTION 195 CIRCULAR NO.11/2016 [F.NO.279/MISC./M-140/2015-ITJ], DATED 26-4-2016 The procedure for refund of tax deducted at source under section 195 of the Income tax Act, 1961, to the person deducting the tax is delineated in… Read More »

Payment for Online access to E learning programs In india is royalty liable for TDS u/s 195

By | November 12, 2015

AUTHORITY FOR ADVANCE RULINGS (INCOME-TAX), NEW DELHI SkillSoft Ireland Ltd., In re JUSTICE V. S. SIRPURKAR, CHAIRMAN AND A.K. TEWARY, MEMBER A.A.R. NO. 985 OF 2010 JULY  20, 2015 Nageshwar Rao, Advocate, Pankaj Agarwal, CA and Aniket D. Agrawal, Advocate for the Applicant. K.V. Arvind, SC,Smt. Sukhvinder Khanna, CIT-DR and Sachin Dhania, DCIT-DR for the… Read More »

NO TDS liability under Section 195 if Book entry passed reversed Subsequently

By | October 13, 2015

Facts of the Case :- Assessee credited Rs.2,24,96,669/- to the account of Telefonaktiebolaget L.M. Ericsson, Sweden (hereafter ‘TLME’) in the books . The said a mount was credited on account of royalty payable ; however, the said entry was subsequently reversed, as according to the Assessee, the payment of royalty to TLME was not permissible as… Read More »