TDS on foreign remmitances and 15CA/CB

Dear Hemank,

Rule 37BB reads as under....

"1) The information under sub-section (6) of section 195 shall be furnished by the person responsible for making the payment to a non-resident, not being a company, or to a foreign company. after obtaining a certificate from an accountant as defined in the Explanation to section 288 of the Income-tax Act, 1961."

Hence it is the assessee who has to upload the information prescribed i.e Form 15CA after receiving the CA's report in Form 15CB.

In case of shipping companies abroad it is not mandatory to take PAN in India. They can have an authorised representative who can be assessed in such capacity on behalf of the shipping companies abroad.

Where the payment which has been made is itself out of the purview of section 195 (1) than the question of furnishing information of such payment does not arise. The view taken by the banker is not tenable in law...