LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Tds lower deduction - form 13

AMEET KIMBAHUNE (Consultant) (87 Points)

30 May 2015

I am in the process of applying for lower TDS deduction from the AO of my client(the seller) in favour of the buyer of an immovable property. My client is an NRI and the Form prescribed is Form 13 (rules 28 & 37G). Can't find a schedule to provide details on payments to NRIs u/s.195. Looking for valuable suggestions from fellow CA club members.

Reply
Follow
Share

2 Replies

sreenivasulu reddy (chartered accountant) (40 Points)
Replied 30 May 2015

Form 13 is to be applied u/s 197. Your transaction fall u/s 195 I think Form 15 D is applicable

sreenivasulu reddy (chartered accountant) (40 Points)
Replied 30 May 2015

Recently Form 13 was submitted @ Asst Commissioner(TDS) office and approval was accorded by CIT(TDS) and the Addl CIT cleared the file for issue of Certificates. While entering the details of the assessee and deductors online(becasue the certificates have to be issued online only) the system did not accept the PAN of the applicant company. The reason being that the Registered office of the Co is in a different State and therefore the PAN is under the jurisdiction of CIT of that State. The applicant Co made the application in Form 13 to the TDS section where its TAN was issued. As the PAN is elsewhere i.e in a different State, the Software for issue of certificate is not accepting the PAN What is the remedy? It seems it is now mandatory to apply in Form 13 in the office where TAN was issued.