section 195

HI PANKAJ,

NOW IF U LOST THE CASE, I CANNOT COMMENT ON THE WHETHER THOSE AGENTS IN PHILLIPINES AND VIETNAM ARE ASSESSABLE TO INDIN INCOME TAX REGARDING THE SAID COMMISSION.

FURTHER, BENEFICIERY OF SUCH TDS PAYMENT IS NATURALLY THOSE COMPANIES IN PHILLIPINES AND VIETNAM.

IF THE PAYEE'S PAN NO. IS NOT AVAILABLE, THEN U HAVE TO DEDUCT THE TDS @ 20%. SO U HAVE TO DEDUCT @ 20% ONLY AND THIS HAS TO BE DONE BY GROSSING UP BY FOLLOWING FORMULA.

=      ACTUAL REMITTANCE AMOUNT OF COMMISSION  X 100

                                                    80

REGARDS,

MANOJ

hi Sir

You should pay tds at the rate of 10% as tds should be deducted @ 20%, when PAN is not furnished to the deductor, only on such sum which is entitled to be paid and on which tds is liable to be deducted after 1.04.10

You should pay as per the rates applicable in that A/Y to which the case is related.

Thanks & Regards