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TDS U/s. 195 not deductible if Commission Income of Foreign Agent not Taxable in India
Case Law Details
- Case Name
- DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14
- Courts
- All ITAT, ITAT Ahmedabad
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DCIT Vs M/s. Gujarat Microwax Pvt. Ltd. (ITAT Ahmedabad)
ITAT held that the Commission income in the hands of foreign agent is not chargeable to tax in India in the given facts & circumstances and Once an income is not chargeable to tax in India then the question of deducting TDS under the provision of section 195 of the Act does not arise.
FULL TEXT OF THE ITAT JUDGMENT
The captioned appeal has been filed at the instance of the Revenue against the appellate order of the Commissioner of Income Tax(Appeals)-2, Ahmedabad [CIT(A) in short] vide appeal no.CIT(A)-2/424/DC.Cir.2(1)(1)/2015-16 da...
