Civil Procedure Code (CPC)

service tax on foreign commission

This query is : Resolved 
 

(Querist)
07 July 2009

ONE OF MY CLIENT IS A EXPORTER.

HE IS PAYING FOREIGN COMMISSION TO FOREIGN BUYER AT FRANCE.

IS SERVICE TAX AND TDS APPLICABLE ON IT.


SANJAY DIXIT (Expert)
07 July 2009

In my opinion "NO".
No services in India, no service tax.
In case of foreign commission agent, service tax is not payable.

A V VishalOnline (Expert)
07 July 2009

Dear Subash,

Service Tax is not payable but TDS on commission paid should be deducted or else the entire expenditure will be disallowed in the year it is incurred and will be taxed.



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