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TDS on NRI Payment

This query is : Resolved 
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(Querist)
13 March 2009 Hi,

when we pay to NRI on account of Consultancy fees the TDS rate applicable is 30 or 40 % as the case may be.
but mistakenly we have deducted @ 11.33 % as any domestic company.so now what shoud be done on account of TDS return.
further we dont have any PAN no. of NRI consultant so when preparing TDS return what to enter in PAN Colum ?

pl reply
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Rajesh Kumar

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Rajesh Kumar (Expert)
17 March 2009 Pay the balance amount on your own, and deduct that amount from next bill, if you receive one.
A non resident requires PAN only when he files a return of income in India. If he does not have PAN, that means he is not filing return in India and tax is required to be collected.
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