Tds on commission
This query is : Resolved
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.
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.
.
Message likes :
1 times
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 ??
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.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Fixe term employment
- Is any professional CA is here please reply
- GST ITC REVERSE
- Section 50-fixed asset-->building ceases to exist
- Reprocessing of rectification order AY 2025-26
- Tax Audit u/s 44AB for Transport Business A proprietorship is engaged in transportation business and
- EXPORT BILL UNDER LUT FREIGHT CHARGE INCLUED IN INVOICE IT LIABLE TO TAX
- Putting a heading on received mail
- Foreign lottery ticket bought online from India: legality, tax and consequences
- Gift Received from nonblood relative
- Consolidated financials
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
