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No sec. 195 TDS on commission paid to NR to carry out business outside India

November 21, 2018[2018] 99 taxmann.com 154 (Gujarat)

IT/ILT : Where non-resident agent appointed by assessee for procuring export orders did not have permanent establishment in India and their activities as commission agents were being carried out outside India, there was no liability on assessee to deduct tax at source on payment made to said agents

IT : Where assessee made payment to its partner to ward-off competition, rights acquired by assessee under said agreement would not only give enduring benefit, but protected assessee's business against competition, and fell under expression 'or any other business or commercial rights of similar nature' used in Explanation 3 to sub-section 32(1)(ii) and, thus, assessee was eligible for depreciation

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