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TDS

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(Querist)
15 May 2016 Dear Sirs, M/s XYZ Ltd, has to pay Rs 5 lakhs as sales commission to Mr. ABC (Non-Resident) who acting as its agent for booking orders from various customers who are outside India. ** Please advise, whether TDS is applicable in this case... ** In my view, the commission is not chargeable to tax in the hands of Mr. ABC in India hence TDS is not applicable in this case. ** Please advise the deductibility if my view is not correct... Sirs, kindly help me and revert as I have to appear in CMA final examination in coming June attempt.
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SANTOSH SAGAR K

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SANTOSH SAGAR K (Expert)
15 May 2016 TDS would be applicable under the income tax act. however, provisions of DTAA to be analysed. what country is the non- resident situated in?
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
15 May 2016 Your view is right TDS not applicable for this payment.
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Rupesh Jain

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Rupesh Jain (Expert)
16 May 2016 \TDs not applicable on NRI, service provide outside india.
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