Tds on foreign remittance - ocean freight

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 July 2012 Dear Sir,
We are a Freight Forwarding Company and we are using foreign agent /Shipping lines for moving carog from outside to india and from india to outside india.

for outside agent we maing remittance as per the rules without deducating TDS.

Now we used XYZ agent based in Malesia for our one shipment. XYZ agent taken help of another agent based in malesai say ABC for same shipment.
ABC agent doen the work and raised a bill to us by ABC.
Now XYZ agent given undertaking that please remit the payment directly to ABC on my behalf.( ABC Agent have a office in india)

my query is :-
1) we can remit to ABC as per undertaking from XYZ agent(Agent here is overseas Company)
2) if ABC have office in India what will be TDS applicability if we remit the funds

3) any other issue

Regards

Anudeep Kotagiri

Anudeep Kotagiri (Querist)
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04 July 2012 The case laws on reduction in levy of 100% penalty where the assessee agreed to pay the tax liability.

Querist : Anonymous

Querist : Anonymous (Querist)

04 July 2012 Dear Sir,
i m not getting what exectly is your opinion

Regards

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Querist : Anonymous

Querist : Anonymous (Querist)

10 July 2012 any one have any pracitical view

Nasir khan

Nasir khan (Expert)
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27 September 2014 Dear ,
First of all if we are going to pay to agent than we have to ask them for T.R.C. certificate (TAX RESIDENCY CERTIFICATE) Issued by the authority of that agent's countrty than we make the payment without deduction of TDS.
But your case is different as you have to pay other person who residing in india so you need to dedut tds .