16 June 2010
As per section 206AA inserted by the Finance (No. 2) Act, 2009, all foreign parties (individuals, partnerships, companies or any other form of entity) receiving payments from Indian companies after 1 April 2010 need to provide their PAN to the Indian party remitting the payment. If the PAN is not provided to the Indian party, then the Indian party is required to deduct tax on the foreign payment at the highest of the following rates:
1. at the rate specified in the Income Tax Act, 1961 2. at the rates in force (rate specified in the Finance Act or under the double tax treaty) 3. at 20%
For second part of your question, in case teh non-resident has any income taxable in India, then he can file the IT return stating his PAN No. For this, more experts views are solicited.......
07 July 2010
thanks for your reply . but the company is registered in dubai . and he doesn't have PAN no. here in India . how to apply PAN card ? Is it same process ? in form 49A and in address column should we give dubai address
07 July 2010
another query As you said that TDS will be deducted , then that assessee should file the Income Tax Return or not . (as tax is deducted for the income he has earned) and no other tax is payable by the assessee to the department.
07 July 2010
For procedure of the PAN application by Non-Resident, check out the file on the below forum link. I hope it will clarify your query and doubts. Please go through them >
CAclubindia
