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TDS on Commission on sales paid to NRI

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(Querist)
07 November 2007 An indian company appoints some sale agents abroad to obtain orders their in consideration of commssion on sales. All such agents are non-residents and do not have any permanent establishment in India. Whether the indian company is liable to deduct TDS on such commission payments? Whether such income can be deemed as income accrue or arise in India in the hands of such agents? Please give your opinion.
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ASHISH YADAV

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ASHISH YADAV (Expert)
08 November 2007 Mr. atul u have not mentioned that company is an export unit.
I am assuming that company is an export company.
so there is no TDS on such commission payments ,u can take refrence from
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-NO TAX AT SOURCE IS TO DEDUCTED FOR RETAINERSHIP FEE OR COMMISSION PAYABLE TO NON-RESIDENT ON EXPORT EARNINGS---IND TELESOFT PVT. LTS.(2004) TIOL 22(ARA)
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