TDS on Virtual Digital Assets: deduction responsibility follows the payment flow and may be allocated by written agreement. TDS on consideration for transfer of Virtual Digital Assets must be deducted by the person responsible for payment; allocation varies by transaction type: buyer in OTC trades, both parties in bilateral exchanges, exchange where it pays the seller, exchange and broker where payment flows through a broker (subject to written agreement shifting sole responsibility), buyer or buyer's broker where exchange owns the VDA (subject to exchange assuming responsibility by written agreement), and exchange may deduct for VDA-for-VDA swaps pursuant to contractual agreement. Payment gateways need not deduct if tax has already been deducted by the responsible person.
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.
TDS on Virtual Digital Assets: deduction responsibility follows the payment flow and may be allocated by written agreement.
TDS on consideration for transfer of Virtual Digital Assets must be deducted by the person responsible for payment; allocation varies by transaction type: buyer in OTC trades, both parties in bilateral exchanges, exchange where it pays the seller, exchange and broker where payment flows through a broker (subject to written agreement shifting sole responsibility), buyer or buyer's broker where exchange owns the VDA (subject to exchange assuming responsibility by written agreement), and exchange may deduct for VDA-for-VDA swaps pursuant to contractual agreement. Payment gateways need not deduct if tax has already been deducted by the responsible person.
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