Really Urgent....T.D.S. on Foreign receipts..

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vidyaa krishnan (Querist)
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11 June 2010 Is T.D.S. deductible on commission receipts from abroad...??
what is the limit upto which T.D.S.is not deductible ??

CA Apurav Agawal

CA Apurav Agawal (Expert)
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11 June 2010 What is your question dear.

TDS is deductible when we pay some money to somebody and not when we receive money from somebody.

Please be clear in your question.

vidyaa krishnan

vidyaa krishnan (Querist)
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11 June 2010 in case...service provider has not deducted tax on service rendered...i.e.T.D.S. is not deducted while receiving the payment vide commission from abroad....are we supposed to pay it to the govt ....
i have Commission receipts from abroad ...
am i supposed to pay tax..if it has not been deducted earlier...??

taxindiaconnect

taxindiaconnect (Expert)
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11 June 2010 From your query it seems that the income in form of commission is receivable in India and you want to know whether any TDS is required to be deducted by the payer of such income. Dear In this case one has to see that the country from where the income is coming in to India, whether their tax laws contain any TDS provision on commission payments or not, is yes whether India has any DTAA with that country and what are the provision of that DTAA. So answer to your query may be hypothetically "yes" as there are certain countries in Europe, Asia Pacific and USA which have withholding tax rules, while there are certain countries, specifically tax heavens, which do not have withholding tax regulation on their country.

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
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06 May 2011 Yes you as a resident Indian are supposed to pay tax on your world wide income.

Whether the foreign entity has deducted any TDS or not shall not be reason for you to not discharge your tax liability.

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