Tds on commission
This query is : Resolved
GAURAV CHAUDHARY
(Querist)
04 March 2012
My client, who is RESIDENT INDIAN individual is going to receive COMMISSION income from a Non Resident(Singapore Co.) for the business he generates for them in INDIA. Will the NON RESIDENT be under any obligation to deduct tax at source??
Also whether Service tax liability will accrue to the foreign co. as the amount is aboce Rs. 10 lacs
NOTE: The foreign co. has no permanent establishment or any place of business in INDIA.
Also whether Service tax liability will accrue to the foreign co. as the amount is aboce Rs. 10 lacs
NOTE: The foreign co. has no permanent establishment or any place of business in INDIA.
CA PARAS BAFNA
(Expert)
05 March 2012
In my view, Service Tax will be charged
by your client who is a Resident Indian @10.3%.
.
As the non resident is not having a PE etc here in INDIA , he has to deduct TDS in accordance with the law prevailing in SGP and in accordance with the DTAA.
.
by your client who is a Resident Indian @10.3%.
.
As the non resident is not having a PE etc here in INDIA , he has to deduct TDS in accordance with the law prevailing in SGP and in accordance with the DTAA.
.
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GAURAV CHAUDHARY
(Querist)
05 March 2012
Thanx Sir, for your views. But u/s. 194H it is mentioned that ANY PERSON making the payment to a resident has to deduct tax at source. So doesnt it mean that Non Resident has to deduct tax as per section 194H ??
CA PARAS BAFNA
(Expert)
05 March 2012
The provisions of Section 194H will not be applicable for TDS as there exist DTAA between India and SGP. TDS will be deducted in pursuance to the DTAA.
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