There is no TDS (Tax Deduction at Source) for your stock market gains in the US. So, when you send money back to your Indian bank account, the broker in the US does not deduct any tax on it. You will have to pay Short-term Capital Gains Tax OR Long-term Capital Gains Tax in India, whichever is applicable. Short-term Capital Gains apply if a security is held for less than 24 months.
A 25% TDS applies only on your dividend earnings. This is when stocks in your portfolio give out dividends to their investors.
US and India have a Double Taxation Avoidance Agreement (DTAA). This means that you pay tax only once. For the TDS done on your dividend earnings, you will get W-8BEN from DriveWealth. You can use it while filing your taxes in India to show that you have already paid taxes on this income. W-8BEN is issued on request. You will be able to offset the tax withheld in the US and adjust it with the tax liability in India
Resident & Ordinarily Resident (ROR): For RORs, global income is taxed in India. Thus, you have to pay taxes on all of your earnings from US stock holdings in India.
Resident but Not Ordinarily Resident (RNOR) & Non-Resident (NRI): For RNORs & NRIs, foreign income is taxable only ifit is received in India, or is accrued in India from a business controlled in or a profession set-up in India Thus, if you are an RNOR or an NRI, you have to pay taxes on only those earnings from US stocks which is received in India or which is from a business controlled in or set-up in India like Infosys, Tata Motors etc.