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Whether tax deduction mandatory u/s. 195 on export commission paid to non-resident agent, if so, at what rate?
Case Law Details
- TaxGuru Citation
- 2012 taxguru.in 268
- Case Name
- In re. SKF Boilers and Driers Pvt. Ltd. (AAR Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Advance Rulings
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It is the applicant’s contention that the agents have rendered services abroad and would be entitled to receive commission abroad for the services rendered to foreign clients of the applicant. As the services are rendered outside India, and the payment is receivable by the agents abroad no income would arise under the provisions of section 5(2)(b) read with section 9(1) of the Act. Section 5(2)(b) deals with the scope of total income whereby the income of a non-resident includes all income from whatever source derived, which accrues or arises or is deemed to accrue or arise ...



