Tds on foreign remittance

FACTS OF THE CASE
 
XYZ is a fashion design school in Italy, which offers many courses on Fashion Designing. Many students from India take admission in XYZ for the courses. In India students can directly approach XYZ for admission or they also can approach a firm ABC in India for admission in XYZ. Students also have the option to make payment of course fees directly to XYZ or they can even make payment to ABC which in turn makes payment to XYZ. ABC gets commission from XYZ directly or sometimes ABC deducts their commission while making payment of course fees to XYZ. 
 
1. Is TDS applicable as per Income Tax or as per DTAA on payment of course fees by ABC to XYZ on behalf of students?
 
2. What is the applicability of TDS on commission recd from XYZ by ABC?
 
3. Since XYZ is paying commission to ABC from foreign without deducting TDS. Is there any provision that ABC has to deduct & deposit TDS as receiver?
Replies (1)

In the given case,students are real source of Income and ABC is just like a bank which provide foreign exchnage services** and here students take services of educational institution in Italy for personal purpose. T.D.S provisions shall not apply in case of payments made for personal purpose hence no need to deduct T.D.S on payments made by ABC to XYZ in Italy on behalf of students.For second case payer is a Non resident(Assume XYZ has no place of business in India), T.D.S provisions will apply in case of payments made by Resident to either Resident or Non Resident but not payment received from Non Resident Hence no need to deduct T.D.S.

**If ABC is providing business to XYZ in Italy i.e provide advertisements and encourage peoeple to join in Italy, Impact may change.In the given case ABC just act as a Money changer.

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