Commission to overseas Agents for Marketing of Products is not a fee for technical service

Ld.counsel for the assessee, submitted that the assessee engaged agents to market its product in foreign countries. According to the Ld. counsel, the agents market the product of the assessee in the foreign countries and the assessee is paying commission for their service. According to the Ld. counsel, the foreign agents have not rendered any service in India. Therefore, the payment made to foreign agents is not taxable in India, hence, the assessee is not liable to deduct tax under any of the provisions of Income-tax Act. The Ld.counsel placed his reliance on the judgment of the Madras High C...