Pan no. by foreign company

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

15 November 2013 If a foreign comapnay availed a PAN No. in India to save the TDS deduction from 20% to 10%, does that company required to fill the income tax return on the same PAN No.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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15 November 2013 there have been divergent views taken by appellate authorities in this regard.

In VNU_International BV advance ruling, it was held the a company is required to file income tax return even if the income is not taxable in India.

Whereas in many other cases, like Dana corporation, opposite ruling was given. So it would be advisable that you refer to these case laws to form an informed opinion:

Vebenburg Group BV [289 ITR 464], Dana Corporation [321 ITR 178], Amiantit Intl Holding Ltd. [322 ITR 678]

http://www.pwc.in/services/Tax/News_Alert/2011/pdf/PwC_News_Alert_6_April_2011_VNU_International_B_V.pdf

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