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With holding tax in case of no pan

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26 November 2015 Hi All,

I have come across a problem, where I need to transfer some amounts to my counsel at Singapore, which is a company,

I believe that this transaction will fall under Article 12 of DTAA (Fee for Technical Services) where I have to deduct the With Holding Tax,

Now I am confused as how much to deduct as the receiver has TRC but NO PAN.

Please Suggest me with this,

Thank you in Advance

Regards,

Tarun Kumar G

26 November 2015 As per DTAA 10% with holding tax is deductible. No PAN 20% with holding tax applicable.
DTAA overrides tax provisions. Tax authorities insisting on 20% deduction.
You may take a decision of deducting 10% as per DTAA.



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