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PAN no. for foreign company

Geetha Suresh (senior consultant) (29 Points)

14 June 2010

We have deducted TDS at applicable rates for a foreign company u/s 194C. The company does not have a PAN no. We are unable to file the e-tds returns. I tried filing in the state as "Foreign" before importing the file. Still the software says, the return will be invalid because PAN is not available. Any suggestions how to go about?

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Akhil Gupta (Manager F&A) (856 Points)
Replied 14 June 2010

Originally posted by : Geetha Suresh
	We have deducted TDS at applicable rates for a foreign company u/s 194C. The company does not have a PAN no. We are unable to file the e-tds returns. I tried filing in the state as "Foreign" before importing the file. Still the software says, the return will be invalid because PAN is not available. Any suggestions how to go about?

Section 195 deals with deduction of Tax at Source from the income of Non-resident. As you mention that you had deducted TDS u/s 194C for a foreign company. this clearly shows that the company is a resident in India and it must a PAN No. Try to arrange the PAN number beforefiling of TDS return.

Complying with the requirement of minimum PAN numbers is a must requirement.

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CA. Abhishek K. Pandey (Manager (Advance)) (901 Points)
Replied 14 June 2010

Ok. That thing leads me to a query. Acc. to provisions of TDS, you can deduct the TDS of an assessee in case he don't provide PAN No. at the rate of 20% or applicable, whichever is higher.

So, how e-filing is done in that case?

Akhil Gupta (Manager F&A) (856 Points)
Replied 14 June 2010

Dear Abhishek K. Pandey

Therefore, The provision for requirement of minimum number of PAN before filing eTDS return gives you some relaxation of 15% in it. It may be quite impossible that you dont have PAN number of any one.