09 December 2015
Respected Sir/Madam, We have deducted and paid TDS on foreign commission to non-resident overseas agent in the financial year 12-13.U/s 195. from your forum of CA club we came across case study between Income tax Appellate(Delhi bench E) ITA no 626/Del./2012(assessment year 2008-09)ACIT Vs nidhi exports in which order was passed that NO TDS Should be made for payment of commission to overseas agent for services rendered by him outside India, but as we have already paid TDS kindly inform procedure to get refund of the same from Income tax department.Thanks
sir , the N.R. does not have a Indian pan no,bank account in any Indian bank.The commission was paid in dollars thru proper banking procedures.Kindly guide us if he still can file for returns. Thanks
09 December 2015
You said you have deducted TDS and paid it also. You can file the return in India as a representative and call for the refund. Since it is for financial year 2012-13, you need to take the permission of the CIT having jurisdiction over your case.
The TDS amount we have paid to department is around Rs 58000 . Sir , we would be glad if you take up this case on our behalf and ensure refund of the amount from IT dept. Also inform your legal fees for the same. Thanks.