TDS
This query is : Resolved
Amit Kumar
(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.
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?
CA R SEETHARAMAN
(Expert)
15 May 2016
Your view is right TDS not applicable for this payment.
Rupesh Jain
(Expert)
16 May 2016
\TDs not applicable on NRI, service provide outside india.
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