Tds on commission paid to non resident


This query is : Resolved 

29 January 2014 An Indian company is engaged in Medical Transcription Services for its U.S. clients.
A Non Resident individual is helping the company in finding the clients. For this, the Indian company has to pay some specified amount towards commission.
My Question is :
Is TDS deductible on the amount paid to Non Resident?
If not, What is the basis?
If yes, How much?

Pls do reply at the earliest

Thank You

29 January 2014 TDS is not required to be deducted because commission income of NRI is not chargeable to tax in India.

30 January 2014 Thank You Mr. Avtar Singh

Can you pls provide me some supporting for the same.....

30 January 2014 Thank You Mr. Avtar Singh

Can you pls provide me some supporting for the same.....

30 January 2014 No need to deduct income tax u/s 195 as per
CBDT Circular No. 786, dated 7-2-2000.

30 January 2014 https://law.incometaxindia.gov.in/DIT/HtmlFileProcess.aspx?FooterPath=D:%5CWebSites%5CDITTaxmann%5CAct2010%5CDirectTaxLaws%5CITACT%5CHTMLFiles%5C2011&DFile=cirsec9.htm&tar=top


This circular states that the previous circulars have been withdrawn... Wat is the consequence of it ?

31 January 2014 Yes ,circular is withdrawn as a consequence to the retrospective amendment in section 9.
Now, my above answer remains the same by virtue of the corollary of explanation to section 9(2) read along with proviso to section 5(1) meaning thereby TDS doesn't attract u/s.195.

31 January 2014 Thank You very for the reply...


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