Payment to Non Resident in India

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Sanjay Govil (Querist)
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28 June 2011 If a Domestic Company makes payment of professional fees to a Non Resident in India vide local cheque in INR after deducting TDS @ 20% u/s 195, does form 15CA and 15CB need to be filled? or are the forms only in case of direct remittance abroad?

Arihanth Jain

Arihanth Jain (Expert)
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28 June 2011 Ref to rule 37BB vide Notification No. 30/2009, Form 15CA is to be submitted electronically by any person responsible for making payment to a NR after obtaining a certificate from an accountant as per Explanation in section 288 of the Income tax Act.1961 i.e., Form 15CB

Hence certificate is required if the payment is from resident to NR. Further it is material where the NR is in India or not. Also in the format of the form 15cb no where it refers to the NR bank details.

Hope this is useful.