CHANDER KANT AZAD (PROPRIETOR) (48 Points)
02 November 2021I have proprietary business of import from China.. Need to pay commission to Chinese national in Cina through Swift for Buying Services. Do i have to deduct TDS from the payment. India China are under DTAA.
Rama chary Rachakonda
(Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294)
(3549 Points)
Replied 02 November 2021
To claim this benefit, one needs to know whether the country one resides in or earns income in has a DTAA with India. One has to file Form 10F, a tax residency certificate and self declaration in the prescribed format to the entity responsible for deducting tax at source.
CHANDER KANT AZAD
(PROPRIETOR)
(48 Points)
Replied 02 November 2021
Thanks for the information. Grateful.
Janak Shah
(ca)
(603 Points)
Replied 02 November 2021
CHANDER KANT AZAD
(PROPRIETOR)
(48 Points)
Replied 10 November 2021
Form 10F is for Indian National earning income in DTAA country. In my case I am paying Buying services fee (U/s 195) to Agent in China to Chinese National. Now which form is required to obtain 15CA & 15 CB from CA.
Sounik Mukherjee
(Area Manager (Taxation))
(101 Points)
Replied 10 November 2021
You need to obtain the following documents from the transferee (Agent) –
Sounik Mukherjee
(Area Manager (Taxation))
(101 Points)
Replied 10 November 2021
Commission paid to overseas agents that do not have PEs in India and carry out all functions outside India, will not attract TDS. Commission paid to overseas agents situated wholly abroad, is not taxable in India.
GSTR 9 and 9C for FY 23-24 as amended by Notification 12/2024 dated 10th July 2024(with recording)
CAclubindia
