21 November 2011
The case pertains to the Financial Year 2008-09, Assessment Year 2009-10
During Export Sales, an agent commission is paid (Remitted Outside India) and the agent does not have any business set up in India and moreover the agent is a Foreign National. Will TDS Liability be attracted on the Overseas Commission remitted by a Resident Indian Company
21 November 2011
No TDS is not liable to be deducted. This has been confirmed in SC ruling in Toshoku Ltd. and recent delhi High Court Ruling in Eon Technology P.Ltd. .