Tds on commission paid to foreign company/ service provider

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sanjeev kapur (Querist)
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10 April 2012 Should TDS be deducted by a India based developer when paying commission to a foreign company(based in Dubai) which provides marketing services outside india and does not have any branch or business in India?

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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10 April 2012 If the services are not at all provided in India and there is an agreement signed to render services outside India then the provisions of section 195 shall not apply and no TDS is required to be deducted but for remittance of money you have to intimate to RBI as well you have to procure certificate from a C.A alongwith online filing of a particular form

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