TDS u/s 195

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

11 May 2011 If I am a non audited assessee means Individual or HUF and my business turnover didn't cross Rs.40 Lac, and I have to pay commission to a non resident in current F.Y.. Whether I am required to Deduct Tax on such payment or not? Please Guide me along with Provisions.

CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
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11 May 2011 IT DEPENDS UPON THE FACTS OF THE CASE WHICH HAVE NOT BEEN SHARED BY YOU
IF COMMISSION IS PAID FOR SERVICES RENDERED OUTSIDE INDIA THEN NO TAX IS DEDUCTIBLE

CA MANOJ GUPTA
JODHPUR
09828510543

Querist : Anonymous

Querist : Anonymous (Querist)

11 May 2011 Sir thanks for your opinion but the facts of the case are as under:

I have exported some goods and there is a broker (Non Resident) to whom I have to pay Commission on sales. Now tell me that this transaction i.e. payment of commission is attracting the provisions of section 195.

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CA MANOJ GUPTA

CA MANOJ GUPTA (Expert)
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12 May 2011 if the NR has no office or establishment in India then no tax deductible under section 195 because no income wld be chargeable in INdia

Querist : Anonymous

Querist : Anonymous (Querist)

12 May 2011 Thanks for Suggestion.