Foreign Co. PAN Card Vs. Tax higher tax rate

This query is : Resolved

Suman Anand (Querist)
Follow

05 May 2010 Dear Friends

I have two queries

1. If PAN card is not available for a foreign co with which we have DTA and under DTA only 10% TDS is required to be deducted whether tds will be payale at higher rate of 20% as per the new notification will asks for higher tds if PAN card is not available.

2. If a foreign Co. get PAN do it need to compulsariy file ITR in India.

3. If TDS is deducted from the income (royalty)earned by a foreign CO. in India with which we have DTA , do we need to file ITR in India.

Regards

Suman Anand

taxindiaconnect

taxindiaconnect (Expert)
Follow

11 May 2010 The Provisions of section 206AA which has brought this change in the IT Act relating to PAN starts with a non obstente clause as following -

Nothwithstanding anything contained in any other provision of this Act ………..,

This mean the provision of section 206AA override all the provisions of the income tax Act 1961 including section 90 which provides that in case of a non resident the tax rates as per DTAA or IT Act which are more beneficial shall apply is also overridden. This in your query tax rate @ 20% shall apply.

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

Summarize this with AI

ChatGPT Perplexity Claude Google AI Grok

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Namita Fule

Amit Yadav

Krishnan V

sriram deven

PARAS CHHAJED

Subscribe Now

Foreign Co. PAN Card Vs. Tax higher tax rate

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Article Assistant

Accountant

GST CONSULTANT

Manager- Finance and Compliance

CA Final

GST CONSULTANCY