Easy Office
LCI Learning

Tds on foreing payment without pan

This query is : Resolved 

19 September 2014 We are paying to Foreign Company after deduction of withholding tax @ higher rate in absence of PAN. Foreign company demanding TDS certificate, but TIN System generates TDS certificates only in case of deductees/payees having a permanent account number (PAN). How can we issue TDS Certificate, has anyone right to demand Form 16/A without giving PAN?

19 September 2014 The only option available would be for the deductors/payers to issue manual TDS certificates in Form 16A evidencing the taxes deducted at source. With this, non-PAN deductees/payees should be able to claim credit for taxes withheld in India.

19 September 2014

Thanks you very much for your reply sir, but The Central Board of Direct Taxes issued Circular No.3/2011 on May 13 according to which the deductors/payers are required to issue TDS certificate in Form 16A to the deductees/payees which is generated through the Tax Information Network (TIN) Central System. Still can we issue manual TDS?




19 September 2014 No other option, still you can issue manual TDS.

19 September 2014 manual tds is not allowed in todays time.

19 September 2014 It is okay as it is shown to foreign tax authorities.

19 September 2014 when foriegn authorities shall inquire with our tax dept then our tax dept will not approve and later the assessee shall be in trouble.

19 September 2014 Based on remittance details (challan) available in the manual certificate tax dept can confirm it.




19 September 2014 then this will amount to violation of circular no 3/2011

19 September 2014 Hello Mr. Seetharaman and Mr. Tushar

Finally I got the solution that we can issue Transaction based report in the case of a Non-Resident deductee having No PAN instead of Form 16A

Thanks

19 September 2014 pls provide the source from where u came to now this?

19 September 2014 After login in tdscpc site, select Transaction Based Report in download option and follow the further procedure.




19 September 2014 thanks for informing.

19 September 2014 Sir, you are most welcome.



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries