TDS from payments to CHAs/CFAs

Quite often CHA makes payment of Custom Duty on behalf of the client, in addition to other expenses incurred on behalf of the client. Whether TDS is to be deducted from reimbursement of such expenses( for which bills are in the name of the client) when CHA raises a separate debit note/bill.

The problem is answer to question No. 30 included in the Circular No.715 dated 8th August 1995

Replies (3)
TDS provision wil not apply in case of reimbursement as given in circular 715. Having said so one has to remember that the dr note raised by the CHA should be supported by the duty receipt and no mark up is included in the debit note.
but if agency charges fees apart from custom duty then what TDS rate to be deducted.
Where we can find case laws in support of our contention that no TDS has to be deducted by payer on reimbursement of Custom Duty paid by CHA/CFA on behalf of payer.

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