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Aplicability of service tax on foreign agent commission

This query is : Resolved 
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(Querist)
20 August 2011 DEAR FRINDS,

MY CLINT IS A MERCHANT EXPORTER FIRM.

THEY GIVE FOREIGN AGENT COMMISSION OF 2 LACS TO NRI WHO LIVES IN MALAYSIA.WHO NEVER CAME INDIA.

IS SERVICE TAX APPLICABLE ON THIS COMMISSION.
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U S Sharma

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U S Sharma (Expert)
20 August 2011 if the commission was mentioned in shipping bill and was deducted and submitted by bank itself, then its out of preview of service tax, otherwise payable.

service tax and TDS both are applicable.
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Mukesh Choudhary

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Mukesh Choudhary (Querist)
20 August 2011 commission is mentioned in shipping bill,but it is not remitted by bank itself. we remitted it by our banker.
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