TDS

This query is : Resolved 

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.

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?

15 May 2016 Your view is right TDS not applicable for this payment.

16 May 2016 \TDs not applicable on NRI, service provide outside india.


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