Is tds u/s 194h applicable for payments to agent?

2557 views 3 replies

A company gets tickets booked for its employees through a travel agent. The travel agent charges an amount on each ticket booked as "service fee", which in its agreement is referred to as a "management fee". It also charges Service Tax on this amount. 

Can the amount appearing in the bill as "management fee" be regarded as commission for the purposes of Section 194H, and TDS be deducted accordingly?

PS:

1) I am asking this from the customer point of view, and not airline's.

2) I am asking if TDS is deductible u/s 194H and not 194C, since the Board's view on 194C is very clear.

3) Please provide the source(s) you are referring, if possible.

 

Replies (3)

No TDS was required to be made because payment of commission are made to non-resident overseas agent. As such no income is arising to the non-resident agent in India. So, no TDS is deductible u/s 194H of the Act, which is applicable for resident Indians only, even the provisions of section 195 is not applicable as payments are made to non-resident overseas agents for the services rendered outside India.

The travel agent is an Indian.

TDS is not applicable.

https://www.bcasonline.org/articles/artin.asp?882

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details