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Case Law Details

Case Name : DCIT Vs M/s Sess Resources Ltd. (ITAT Panaji)
Appeal Number : ITA No. 267/PAN/2015
Date of Judgement/Order : 27/04/2016
Related Assessment Year : 2009-10
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Effecting deduction at source one of the aspects to be examined is whether such income is taxable in terms of Income Tax Act

Brief:

The commission earned by the non-resident agent who carried on the business of selling Indian goods outside India, cannot be said have deemed to be, income which has accrued and/or arisen in India & therefore no occasion to deduct tax at source in respect of the payment made to the non-resident agent arise & thus there is no liability to deduct TDS in such cases.

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