Payments Ouside India or to Non Resident on which TDS not deducted

Following Expenses not deductible

Any payment made

• Outside India
• In India to a Non Resident

On which TDS is applicable

But TDS Not deducted

      Or

TDS deducted but not deposited within due date of ITR  (31 July/30 September)

(Earlier it was due date of TDS Deposit -30 April)

Examples of Such Expenses are Interest, Royalty, Fees for Technical Services etc

Payment Covered here are Interest, Royalty, fee for technical services or any other sum chargeable to income tax

Circular 3/2015 has clarified that if TDS not deducted on payment to non residents,only that portion will be disallowed which is chargeable to Income tax and not the whole payment

Deduction Allowed in Next Year

When TDS actually deducted and deposited in next year (after TDS Deposit date)

Or

When TDS deducted in previous year but deposited in next year

Then

That expense allowed in that next year when actually deposited

QUESTIONS

Q 1

Suppose  1500000 expenses were paid outside India on which TDS was deductible but not deducted

Q 2

Suppose  1500000 expenses were paid outside India on which TDS was deductible but not deducted 

As per Income tax,7.5% of Income is deemed to be Income chargeable to tax for these non residents