Tax clearance certificate

This query is : Resolved

Ujjawal S. Jain (Querist)
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23 September 2012 My one of client leaves India 30 years back and he becomes citizen of that Country also, he visits India once in a year for the 20-30 days in a year,
Now foreign govt Authority demands I.Tax Clearance Certificate, Can any one Guide me the procedure for applying Tax clearance Certificate.
My client doesn't hold PAN Card, whether he has to apply for the PAN or not ?

Thank You.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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26 October 2012 ection 230. TAX CLEARANCE CERTIFICATE.

(1) Subject to such exceptions as the Central Government may, by notification in the Official Gazette, specify in this behalf, no person -

(a) Who is not domiciled in India; or

(b) Who is domiciled in India at the time of his departure, but - (i) Intends to leave India as an emigrant; or

(ii) Intends to proceed to another country on a work permit with the object of taking up any employment or other occupation in that country; or

(iii) In respect of whom circumstances exist which in the opinion of an income-tax authority, render it necessary for him to obtain a certificate under this section, shall leave the territory of India, by land, sea or air unless he first obtains from such authority as may be appointed by the Central Government in this behalf (hereinafter in this section referred to as the "competent authority") a certificate stating that he has no liabilities under this Act, the Excess Profits Tax Act, 1940 (15 of 1940), the Business Profits Tax Act, 1947 (21 of 1947), the Indian Income-tax Act, 1922 (11 of 1922), the Wealth-tax Act, 1957 (27 of 1957), the Expenditure-tax Act, 1957 (29 of 1957), or the Gift-tax Act, 1958 (18 of 1958), or that satisfactory arrangements have been made for the payment of all or any of such taxes which are or may become payable by that person :

Provided that in the case of a person not domiciled in India the competent authority may, if it is satisfied that such person intends to return to India, issue an exemption certificate either in respect of a single journey or in respect of all journeys to be undertaken by that person within such period as may be specified in the certificate.

(2) If the owner or charterer of any ship or aircraft carrying persons from any place in the territory of India to any place outside India allows any person to whom sub-section (1) applies to travel by such ship or aircraft without first satisfying himself that such person is in possession of a certificate as required by that sub-section, he shall be personally liable to pay the whole or any part of the amount of tax, if any, payable by such person as the Assessing Officer may, having regard to thecircumstances of the case, determine.

(3) In respect of any sum payable by the owner or charterer of any ship or aircraft under sub-section (2), the owner or charterer, as the case may be, shall be deemed to be an assessee in default for such sum, and such sum shall be recoverable from him in the manner provided in this Chapter as if it were an arrear of tax.

(4) The Board may make rules 1910b for regulating any matter necessary for, or incidental to, the purpose of carrying out the provisions of this section.

Explanation : For the purposes of this section, the expressions "owner" and "charterer" include any representative, agent or employee empowered by the owner or charterer to allow persons to travel by the ship or aircraft.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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