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Export of garments

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Querist : Anonymous

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Querist : Anonymous (Querist)
31 August 2011 we export readymade garments to our overseas buyers and pay a commission to the agent located overseas having no connection whatsoever with india. the commission is paid and remitted from india in US dollars.
The service provided by the agent takes place overseas.
is service tax payable on the commission so remitted to the agent?
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U S Sharma

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U S Sharma (Expert)
31 August 2011 as the commission is incurred in india, so service tax is applicable,
also TDS u/s 195 applicable on commission payment
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