24 April 2013
A foreign national has come to India on business visa, and is now resident in India, and providing services of travel agent to local travel agents of making bookings abroad of hotels etc and raising invoice on Indian travel agents for the entire amounts including her hidden commission. i have 2 queries: a) whether TDS will have to be deducted. In this case bill is for making booking of hotels and torist attractions without specifying the commissions. She will then remit the amount to er country to travel agent there after retaning her commission.
b) Whether she can receive her payment from the Indian Company in US dollars. Whether after becoming resident n India she can open a NRFC a/c to get er payment in foreign exchange
24 April 2013
Once she is resident, TDS needs to be deducted U/s.194C.
Regarding making payment is foreign currency income tax does not prohibit the same however for such question you should check as per FEMA & RBI Circulars.