Dtaa
This query is : Resolved
rajesh raikar
(Querist)
15 April 2013
Whether commission on sale payable to the agent in Malaysia taxable in India for the sale made to Malaysia.
CA. PIYUSH GOEL
(Expert)
15 April 2013
DEAR RAJESH....
IN THAT CASE TDS SHALL NOT BE DEDUCTED...
BECAUSE IN CASE OF NON RESIDENT INCOME IS TAXABLE IN INDIA ONLY IT IS RECEIVED, ACCRUE OR DEEMED TO ACCRUE OR ARISE IN INDIA..
IN YOUR CASE NEITHER COMMISSION IS RECEIVED IN INDIA NOR IT IS ACCRUE OR DEEMED TO ACCRUE OR ARISE IN INDIA..
THEREFORE NO TDS IS REQUIRED TO BE DEDUCTED..
IN THAT CASE TDS SHALL NOT BE DEDUCTED...
BECAUSE IN CASE OF NON RESIDENT INCOME IS TAXABLE IN INDIA ONLY IT IS RECEIVED, ACCRUE OR DEEMED TO ACCRUE OR ARISE IN INDIA..
IN YOUR CASE NEITHER COMMISSION IS RECEIVED IN INDIA NOR IT IS ACCRUE OR DEEMED TO ACCRUE OR ARISE IN INDIA..
THEREFORE NO TDS IS REQUIRED TO BE DEDUCTED..
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