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TDS u/s 195


nadeem danish (Articles & Assistant)     21 July 2019

nadeem danish
Articles & Assistant 
 23 points

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Payment made for export commission in UK to Non Resident does not have PE in India..
Is liable to deduct TDS u/s 195?

Anyone please?

avater

Suresh Thiyagarajan (Student)     21 July 2019

Suresh Thiyagarajan
Student 
 251 likes  3956 points

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1. According to sec 9, any income which is deemed to accrue or arise in India will be taxable in India. PE is one of the important criteria for determining whether such income deemed to accrue or arise in India. 
2. In the given case if such export commission is in relation to the activity carried out in India then it shall be taxable in India. Otherwise, it will not be taxable. Let's say your commission agent is in the UK and he procures clients in the UK to make your export. His work is in the UK and no activity of his agency business was carried out in India, thus sec 9 will not get attracted. 
4. Hence, from a general point of view sec 195 should not be applicable in your case. But it is based on case to case basis. 
Please correct me if the above solution has an alternative view. 

avater

nadeem danish (Articles & Assistant)     21 July 2019

nadeem danish
Articles & Assistant 
 23 points

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Yes sir my commission agent in UK and just procure order in UK and No activity of agency business carried in india.... We just pay commission for procuring order in UK..

avater

Suresh Thiyagarajan (Student)     21 July 2019

Suresh Thiyagarajan
Student 
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It will not be applicable. refer case law DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad). Supports this view


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