Should a private ltd company in India has to deduct TDS on payments made to an individual, who is a foreign citizen of Holland? Prabha G, Chennai
Your question is very general in nature.
Section 195 of the I T Act provides for deduction of tax at source in case of payments to non resident. It starts as under:
Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest or any other sum chargeable under the provisions of this Act (not being income chargeable under the head Salaries ) shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force : As is clear Section 195 is applicable on all kinds of non resident except a company . Thus every kind of person including individual are covered. The law regarding deduction u/s 195 can be summed up in following lines 2. the payment should be taxable in India
1. the payment is to a non resident by whatever mode
