Expat TDS query

VIKRAM KAPOOR (professional) (40 Points)

18 May 2009  

Dear All,

I have a query realting to an expat who is on deputation on behalf of the parent company based in Canada. The expat being a resident as per income tax act ,due to staying for more than 182days in India , tds is deducted on the daily allownace paid to him in India and the salary income drawn by him from his employer in Canada.

As the expat was not having enough money in India to pay for his tax liability , the indian subsidiary in which he is on deputation ,deposited the tds on his behalf in india. The indian company will get reiburesemt for this from the parent company based in Canada.

Now I have the following queries on which i seek learned opinion :

  1. As tds is deposited by the indian company under section 192b of the income tax act , is the company now liable to issue form 16 to the concerned expat;
  2. If answer to point 1 is in yes then in form 16 is the name of the indian company to be mentioned or it has to be the name of the employer of expat which is a Canada based company;

 Learned Freinds are requested to share their view on above.

Regards,

Vikram