Clarification contained in Circular No. 155, dated 21-12-1974 reiterated to ensure proper computation of tax to be deducted at source in the case of non-resident whose tax liability is to be borne by payer
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Tax deduction at source: gross-up net-of-tax payments where payer bears non-resident tax to ensure correct TDS deposit. When a payer bears a non-resident's tax, the payer must gross up the net-of-tax payment to determine the income chargeable to the non-resident and deduct tax at source on that grossed-up amount. The tax so deducted must be paid to the credit of the Central Government within the prescribed time. Failure to deduct or remit the tax renders the payer liable for the tax, interest on the unpaid amount, penalties, and potential criminal prosecution for willful default.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Tax deduction at source: gross-up net-of-tax payments where payer bears non-resident tax to ensure correct TDS deposit.
When a payer bears a non-resident's tax, the payer must gross up the net-of-tax payment to determine the income chargeable to the non-resident and deduct tax at source on that grossed-up amount. The tax so deducted must be paid to the credit of the Central Government within the prescribed time. Failure to deduct or remit the tax renders the payer liable for the tax, interest on the unpaid amount, penalties, and potential criminal prosecution for willful default.
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