TDS not deductible on Agency Commission paid to Overseas Agents not having PE in India

DCIT Vs Shamrock Pharmachemi Pvt.Ltd. (ITAT Mumbai) We find that assessee is engaged in the business of trading activity of import and export of pharmaceutical ingredients, chemicals and intermediates. We find that the assessee debited a sum of Rs. 4,18,50,792/- in its profit and loss account towards export commission paid to overseas agents, who arrange for exports and procure export orders for the assesse. The assessee pleaded that these overseas agents are not having any permanent establishment (PE) in India and are residents of the respective foreign countries. The Ld. AO did not heed to t...