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Service Tax on Commission

This query is : Resolved

SIDDHARTH MAHESHKUMAR SHAH (Querist)
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12 May 2010 I am an Life Advisor of Private Life Insurance Company in India. The Company had deducted Service Tax from my Commission above the TDS. I know that TDS is to be deducted. But they have deducted service tax also. Should it is viable and legal? Hoping for favourable legal reply

Siddharth Shah

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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12 May 2010 Insurance agents are covered under service tax As Service "Insurance Auxiliary services" Sec.65(55)

Insurance agent is employed by the Insurance company to solicit insurance business and receive commission from the Insurance company for services rendered by him

In case of insurance agents As per service tax rules, responsible person paying service tax is the Insurance company who appoints the Insurance agent

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