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Is pan of foreign company necessary to deduct tds

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Querist : Anonymous

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Querist : Anonymous (Querist)
27 December 2014 Hi Freinds
Is PAN of a foreign company necessary to deduct TDS? What is the rate if they dont have a PAN?
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
27 December 2014 Bosch Ltd. Vs. Income-tax Officer, International Taxation, Bangalore, 2012 it was concluded that Section 206AA overrides all other provisions of the Act as it starts with the non-absante clause "notwithstanding anything contained in the other provisions of the Act..." As regards the non-requirement of the Non-residents to apply for and obtain a PAN, held that the press release of the CBDT dated 20.01.2010 clarifies that the requirement of obtaining PAN No. will apply to all non-residents in respect of payments/remittances liable to TDS.

No PAN 20% or applicable TDS rate which ever is higher.
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CA Kumar Mukesh

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CA Kumar Mukesh (Expert)
28 December 2014 yes for foreign payment on which TDS provisions are applicable, if PAN is not there then tax required to be deducted at the rate of 20% under section 206AA
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Rupesh Jain

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Rupesh Jain (Expert)
29 December 2014 yes it is necessary u/s 206AA otherwise the tds rate will be @20% .
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