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Tds - payment to foreign parties / co

(Querist) 04 June 2012 This query is : Open 
There are 2 separate issues. Kindly opine. Thanks in Advance.

1. Royalty is payable to Foreign Co resident of Germany. What shall be the rate of TDS? Will there be any difference if the Company is not having PAN?

2. Will there be any requirement of TDS in case of payment of Sales Commission to an Agent residing and operating from outside India? What shall be the effect of cancellation of Circular No. 786 dated 02nd Feb, 2007 - specifically dealing with non-applicability of TDS in case of agents operating outside India?

Kindly reply ASAP

Thanks once again.


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