C.A. FINAL
189 Points
Joined April 2009
Dear Sir,
You are correct that NR's are not willing to take PAN. Thatswhy this power has been given to CIT under income tax act that you can get refund by applying to CIT if income is not taxable in india. For this purpose what companies do is:-
Say, you have to pay Rs. 50 to the NR
Now gross up the amount of Rs. 50 with the rate of TDS
50 / 100-TDS Rate i.e. 50/0.80 i.e Rs. 62.5
Now Deduct TDS on this amount 62.5*0.2 i.e. Rs. 12.5
Now pay Rs. 50 to NR and 12.5 as TDS. Now you can apply to the commissioner for the refund of TDS as the income was not taxable in india.