Tds 195
This query is : Open
CA.Vinita Gupta
(Querist)
21 November 2011
The case pertains to the Financial Year 2008-09, Assessment Year 2009-10
During Export Sales, an agent commission is paid (Remitted Outside India) and the agent does not have any business set up in India and moreover the agent is a Foreign National. Will TDS Liability be attracted on the Overseas Commission remitted by a Resident Indian Company
During Export Sales, an agent commission is paid (Remitted Outside India) and the agent does not have any business set up in India and moreover the agent is a Foreign National. Will TDS Liability be attracted on the Overseas Commission remitted by a Resident Indian Company
CA Navin Jain
(Expert)
21 November 2011
Yes, tds is applicable under sec 195
CA. Anuj Gupta
(Expert)
21 November 2011
No TDS is not liable to be deducted. This has been confirmed in SC ruling in Toshoku Ltd. and recent delhi High Court Ruling in Eon Technology P.Ltd. .
Anuj
+91-9810106211
femaquery@gmail.com
Anuj
+91-9810106211
femaquery@gmail.com
Message likes :
2 times
CA Navin Jain
(Expert)
21 November 2011
Thanks Anuj Sir Ji.
Message likes :
1 times
CA.Vinita Gupta
(Querist)
21 November 2011
Thanks Sir
CA.Vinita Gupta
(Querist)
21 November 2011
I think Circular No.786 can be referred to
CA. Anuj Gupta
(Expert)
22 November 2011
That circular has been withdrawn by dept.STUDY and Use the case laws provided by me.
Anuj
+91-9810106211
femaquery@gmail.com
Anuj
+91-9810106211
femaquery@gmail.com
Message likes :
1 times
CA.Vinita Gupta
(Querist)
23 November 2011
Sir Please can you mail me the case laws in my email id
vinita_gupta25@yahoo.com
I would be highly obliged
vinita_gupta25@yahoo.com
I would be highly obliged
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Opting out" of regime provided under subsection (1A) of Section 115BAC but Form 10IEA is not filed.
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Need to correct "Whether it is last installment " response in Form 26 QB
- " Income from House Property " in joint names of co-owners
- REGARDING TDS RETURN OF FORM 27Q
- Notice under e-Verification Scheme
- GST demand notice for ITC reversal against exempted supply.
- RCM ON SECURITY CHARGES FROM INDIVIDUALS
- How to get money back from delisted company
- ITC not to be taken in accounts & GSTR-3B
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
