If an Employee / Party receive a payment that is eligible for TDS and assures Deductor of giving the PAN in short while, then such case has to be considered for higher rate determination.
The Maximum TDS rate (20%) is applicable in the following case:
- if the pan is not provided by the deductee.[section 206AA(1)]
- If pan provided by the deductee is invalid.[section 206AA(6) read with 206AA(1)]
As per the new provisions, certificate for deduction at lower rate or no deduction will be given by the Assessing Officer under section 197, or declaration by deductee under section 197A for non-deduction of TDS on payments (Form 15G/Form 15H) will not be valid, unless the application bears PAN of the applicant/deductee.
Providing False PAN
The new section states that the below cases has to be considered for the higher rate of TDS.
- PAN not given by the Deductee.
- PAN provided is structurally invalid.
- Deductee has given a PAN, which is not in Department database.
- Given PAN belong to some other assessee