08 May 2012
No TDS on commission. CBDT circular No 23 dated 23rd January, 1969 reiterated in CBDT circular No 786 dated 7th February, 2000. [SOL Pharmaceutical Ltd v ITO (2003) 30 DTC 535 (Hyd ‘A’ Trib)(2002)83 ITD 72(Hyd- Trib)]
09 May 2012
There are lot of cases on the subject wherein it has been held that the TDS liability shall not be there . However off late there has been a lot of cases which have held that TDS liability is there.
So in my view the assessee has to take a call regarding TDS deduction,keeping in mind the various judgements.
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