Export agent commission

Suresh Sharma (Manager) (24 Points)

28 January 2016  

Dear Sir,

I need to seek your advice, I do understand that this question has been asked many times and have been answered.

My question is I am running an export agent business, i have overseas clients and I help them in procuring goods from India. For which I charge them a fixed percentage commission. Commission is paid in FEx once the goods are shipped from India .I will like to know

  1. Scenario 1 – when the overseas client is paying commission directly to my bank account in FEx, do I have to raise service tax in my bill?
  2. Scenario 2- When the overseas clients makes the payment (good procured) along with the commission to the exporter. And I have to take my commission from the exporter in India in INR. Please advise
    1. Do I have to raise a service tax, while raising the bill? And do the Exporter has to deduct TDS while making the payment to me?
    2. Can I ask the exporter to provide me with FIRC, so that I can share it with the concern Tax department and advise them payment received is lue of services proved to the overseas buyer .so that I can save TDS or service tax.

Thanks

Suresh