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payment to nri havng no pan

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(Querist)
30 June 2012 MY CLINT IMPORT A MACHINE FROM JAPAN
FOR INSTALLATION NRI COMPANY CHARGES A HUGE AMOUNT
CLINT DEDUCT TDS @ 10%
BUT NRI HAVE NO PAN OF INDIA
NOW WHAT THE PROCEDURE TO SHOW THIW TRANSACTION IN TDS RETURN

THANKS
RUPESH
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CA Vijay Kumar Walande

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CA Vijay Kumar Walande (Expert)
30 June 2012 Dear Rupesh.

For the above case, you please the DTAA with Japan.
Section 195 of IT Act is applicable for the above case. Since there is a remittance outside INDIA is invloved.

Now as far as TDS rate is concerned. The rate shall be the lower of 20% or rate prescribed in DTAA.

You can refer the DTAA with relevant country for DTAA rate.

The procedure is
You get a certificate from a CA in form 15 CB then file 15CA online then submitt in duplicate the above forms to the remitting bank.

As far as tds return is concerned . Yes, you need to file a quarterly return showing the payment made and tax deducted with relevant details in Form 27Q.
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Rupesh Jain

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Rupesh Jain (Querist)
30 June 2012 but NRI CO. HAVE NO PAN UNDER INDIAN INCOME TAX ACT,
CAN CLINT LIABLE TO DEDUCT TDS @ 20% DUE TO PAN NOT AVAILABLE WITH NRI COMPANY
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gbalakrishnan

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gbalakrishnan (Expert)
30 June 2012 you apply for pan number with your residential address in india and then you are given Pan!
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CA Vijay Kumar Walande

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CA Vijay Kumar Walande (Expert)
03 July 2012 Yes! Client is liable to deduct Tax@ 20% in case he has no PAN card.
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