Master in Accounts & high court Advocate
9615 Points
Posted on 12 November 2024
To reply to the notice, follow these steps:
1. Verify the details: Double-check that the deductee is indeed a foreign company without a PAN in India.
2. Explain the situation: In your response, explain that the foreign company does not have a PAN in India, and hence, you mentioned "PANNOTAVBL" in the Form 27Q.
3. Reference DTAA: Mention that the deduction was made as per the rates specified in the Double Taxation Avoidance Agreement (DTAA) between India and the relevant country.
4. Clarify no higher rate applicable: Confirm that the higher rate of TDS is not applicable in this case, as the deduction was made as per DTAA rates.
5. Request clarification: Politely request clarification on why the PAN number is being insisted upon when the deductee is a foreign entity without an Indian PAN.
6. Attach supporting documents: Attach a copy of the Form 27Q, proof of the foreign company's registration, and any other relevant documents supporting your explanation.
7. Submit your response: File your response online or through the authorized representative, ensuring you adhere to the specified format and timelines.
Example response:
"Dear [Authority], We acknowledge receipt of the notice regarding the alleged error in our Form 27Q submission. We clarify that the deductee is a foreign company without a PAN in India, and hence, we mentioned 'PANNOTAVBL' in the form. The deduction was made as per the DTAA rates between India and [relevant country]. We request your clarification on why a PAN number is being insisted upon in this case. Please find attached supporting documents for your reference. Thank you for your attention to this matter. Sincerely, [Your Name]"