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TDS on Brokerage paid to subbroker by main broker

This query is : Resolved 
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(Querist)
20 November 2009
At the time of payment of brokerage to sub brokers by a main broker, whether TDS is to be deducted on such amount of brokerage?

Please reply with relevant case-laws if possible.
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Sunil

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Sunil (Expert)
20 November 2009 U/s 194 H, commission received for services in the course of buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing, not being securities. Therefore if it is a share broker paying the sub broker and the transaction is involving securities then TDS is not applicable. However, if it is for other mentioned items or real estate then it is applicable.
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CA Milap Mehta

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CA Milap Mehta (Querist)
21 November 2009 its just securities..

thnx for your reply..
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