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    <title>2024 (5) TMI 1493 - ITAT RAJKOT</title>
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    <description>The ITAT Rajkot allowed the assessee&#039;s appeal regarding TDS obligations under section 195 and disallowance under section 40(a)(ia). The tribunal held that sales commission paid to non-residents without business connection in India for export-related services did not require TDS deduction. The department had accepted similar payments in subsequent years 2013-14 and 2018-19, supporting the assessee&#039;s position. Similarly, sale promotion expenses paid to non-residents for services rendered outside India at business fares in USA were not subject to TDS requirements, as the non-resident had no business connection in India and services were provided abroad.</description>
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      <link>https://www.taxtmi.com/caselaws?id=459206</link>
      <description>The ITAT Rajkot allowed the assessee&#039;s appeal regarding TDS obligations under section 195 and disallowance under section 40(a)(ia). The tribunal held that sales commission paid to non-residents without business connection in India for export-related services did not require TDS deduction. The department had accepted similar payments in subsequent years 2013-14 and 2018-19, supporting the assessee&#039;s position. Similarly, sale promotion expenses paid to non-residents for services rendered outside India at business fares in USA were not subject to TDS requirements, as the non-resident had no business connection in India and services were provided abroad.</description>
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