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Commision income

This query is : Resolved 
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(Querist)
15 December 2009 Is the commision income received from outside india taxable in the hands of resident indian. If yes, at what rate
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Madhukar N Hiregange

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Madhukar N Hiregange (Expert)
15 December 2009 This maybe a an export of services under BAS - Commisison agent where the orders are decided outside India onlead provided by teh comm agent. As long as the same are recived in Convertible foreign exchange the same should be excluded.
However we find that the clarity at the tribunal level seems to be reversed at the High Court/ Supreme Court level at times which is quite worrying.
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