Commission payment to non resident company, no pe in india

This query is : Resolved 

25 March 2015 Hello Friends,
we are in Inbound Tour Operation business in New Delhi (India)
we have some of our agents in Hongkong who are arranging business for us from there, now we have pay him a Commission (markup) of 3% of the business amount that we received.
My query is that,
(1) is it mandate to deduct TDS? is yes what is the rate & how we file this TDS as the party do not having PAN

(2)I would like to mention here that, the party is doing Marketing for us directly from Hongkong and they do not having Permanent Establishment here in India.


25 March 2015 1) Not taxable in India so No TDS applicable.
See the link for more clarification.
https://icaiahmedabad.com/Payment-of-Commission-to-NR-Final-CA-NAISHAL-SHAH.pdf


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