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TDS Charges for Third party commision

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10 July 2009 I have 2 query

1. If a dealer gets a order by a third party and the dealer has to pay the commission to the third party, whether TDS had to be detected from third party commision. If Yes what is the TDS Percentage.

2. If the same dealer gives the commission in form of gift articles to the third party, then any taxes is applicable for the third party. The dealer can accept the bill as expenditure for the gift made to third party.
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vinod kumar lalwani

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vinod kumar lalwani (Expert)
10 July 2009 in first case yes, u have to deduct TDS u/s 194 H as the nature of payment is Brokerage and rate is 10%.
it will be an expenses in that payers balance sheet.

in 2nd case also the same amount will be an expenses and still TDs will be deducted by the donor dealer.
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