02 February 2009
HELLO, THIS IS ROHIT KUMAR SINGH ACTULLY I WANT TO KNOW THE APPLICABILITY OF PROVISION IN THE PAYMENT OF COMMISSION IN USD. IS OUR LIABILITY TO PAY TDS ON THIS PLS GIVE YOUR VIEW WITH REFERED PROVISION OF TAX. WITH REGARD ROHIT KUMAR SINGH KUMRA BHATIA&CO. NEW DELHI
02 February 2009
Any payment to nri is covered under section 195 of the act. If the commission is deemed to be accrued in india or the nri is having permanent establishment in india, you have deduct tax at source as per section 195 of the act.
Further you should bear in mind about service tax also. If it is treated as service imported and utilsed in india then service tax also payable on the same.