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Commission to Prop. firm

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(Querist)
20 May 2008 Can a Private Limited Company pay commission to the Proprietorship firm having Director and Proprietor are the same person.
If yes then company has to deduct the TDS on commission or on Salary?
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CA Hemant T Dewani

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CA Hemant T Dewani (Expert)
20 May 2008 you will follow comapny law & deemed income of director that is important if you are given commission then it is deducted u/s194C of the income tax act
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CA. Yayati Tyagi

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CA. Yayati Tyagi (Expert)
20 May 2008 if this paymeent is in nature of commission, deduction will be made u/s 194H.
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R.V.RAO

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R.V.RAO (Expert)
20 May 2008 tds on commission needs to be deducted as the nature of payment is commission (but not salary) and the TDS rate is 11.33%(10% plus surcharge @10% on tax plus edu. cess 3% on 11% which comes to .33%)
R.V.RAO
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