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TDS on payment made on behalf on intercompany

This query is : Resolved 
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(Querist)
09 May 2008 Hi,

Please clarify whether withholding tax is applicable in case indian company for payment made in india towards commission/borkerage on behalf of foreign company (cum shareholder) of such indian company.

regards,
Suma
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Nilesh Shah

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Nilesh Shah (Expert)
02 March 2010 Nilesh Shah Writes:

Withholding tax is definitely applicable as the payment is made in India. There is no need to go to section 9 of the Act. Under Section 5 the income is received in India .
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