TDS at a higher rate on all transactions not having PAN -PRO

955 views 5 replies

As per new provision if we are making any payment to non resident and if they do not have the PAN then we have to deduct  TDS @ 20%. Normally Nonresinded not have the PAN and they also not willing to have the same. Please share your view on this topic

Replies (5)

Dear Deepak,

As per new amendment TDS in case Payee has not furnished PAN is to be deducted at

higher of following-

1) @ 20%

2) @ Rate prescribed

The above rule is applicable for Non Residents as well

Dear Sir,

 

You are correct that NR's are not willing to take PAN. Thatswhy this power has been given to CIT under income tax act that you can get refund by applying to CIT if income is not taxable in india. For this purpose what companies do is:-

 

Say, you have to pay Rs. 50 to the NR

Now gross up the amount of Rs. 50 with the rate of TDS

50 / 100-TDS Rate i.e. 50/0.80 i.e Rs. 62.5

 

Now Deduct TDS on this amount 62.5*0.2 i.e. Rs. 12.5

 

Now pay Rs. 50 to NR and 12.5 as TDS. Now you can apply to the commissioner for the refund of TDS as the income was not taxable in india.

In my opinion, and as per the spirit of the circular, only those Non-residents whose income is liable to withholding Tax in India, should take PAN. NRs whose income is not subject to withholding tax should not be required to take PAN. Regards Deepak Goel

Hi Friends, Is there any circular/ notification issued in this regard?

I think it is only an announcement by the Finance Ministry.

So is it enforceable in view of the law?

Hi Amir,

I have a question,

Our company is having an employees' co-operative society the objective of which is to provide loan to employees and collect interest and also to disburse the interest to the members i.e the employees who have deposits. Beside they pay interest to company also for the fund provided by the company as loan. They did not applied for a PAN or filed IT return before.

Now with the changed senario especially on PAN and more stringent provision as introduced for tds, the company also feel they should apply for PAN deduct tds according to rule. Whether their income will be deductible in section 80P? Whether their activity will be covered for IT perview ? Can anybody please help me out?

regards,

 


 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details