11 June 2010
in case...service provider has not deducted tax on service rendered...i.e.T.D.S. is not deducted while receiving the payment vide commission from abroad....are we supposed to pay it to the govt .... i have Commission receipts from abroad ... am i supposed to pay tax..if it has not been deducted earlier...??
11 June 2010
From your query it seems that the income in form of commission is receivable in India and you want to know whether any TDS is required to be deducted by the payer of such income. Dear In this case one has to see that the country from where the income is coming in to India, whether their tax laws contain any TDS provision on commission payments or not, is yes whether India has any DTAA with that country and what are the provision of that DTAA. So answer to your query may be hypothetically "yes" as there are certain countries in Europe, Asia Pacific and USA which have withholding tax rules, while there are certain countries, specifically tax heavens, which do not have withholding tax regulation on their country.
CAclubindia
