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Case Law Details

Case Name : ACIT Vs. Nidhi Exports (ITAT Delhi)
Related Assessment Year : 2008-09
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No TDS was required to be made because payment of commission are made to non-resident overseas agent. As such no income is arising to the non-resident agent in India. So, no TDS is deductible u/s 194H of the Act, which is applicable for resident Indians only, even the provisions of section 195 is not applicable as payments are made to non-resident overseas agents for the services rendered outside India.  INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `E’: NEW DELHI) ITA No.626/Del./2012 (Assessment Year: 2008-09) ACIT Vs.  Nidhi Exports ORDER PER U.B.S. BEDI, J.M. This ap...
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0 Comments

  1. vijay venkat says:

    I have a question.
    An indian agent of overseas companies will earn agency commssion. Will this commission attracts Service Tax? Thanks.V Venkat.

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