As per sec 195 of Income Tax act any person responsible for paying any payment to a foreigner or foreigner company should deduct TDS at the time of payment or credit whichever is earlier weather payment made either cash or account payee Cheque or any other mode.
Commission paid to outside india, if the agent work in his country and provide services to the coustomer of his country as well as outside his country then the commission paid is not subject to TDS coz the place is outside india and money received outside india.