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EXACT TDS RATE FOR NRI FOR WHOM DTAA BENEFIT IS AVAILAED & PAN IS NOT AVAILABLE - Income Tax

#1 Issue Id: - 2784
Dated: 14-2-2011
By:- mohan c r
EXACT TDS RATE FOR NRI FOR WHOM DTAA BENEFIT IS AVAILAED & PAN IS NOT AVAILABLE

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Dear Sir,

can somebody can guide the following:

An NRI is covered by DTAA agreement. He is not having a PAN.

Interest earned u/s 195 of IT Act.

What is the TDS to be effected. whether 20% or as per DTAA rates or 30.90%(normal rate as per Section 195 as there is no clarifty, can some body guide on the issue.

Thanks

Mohan

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#2 Dated: 14-2-2011
By:- CA Rachit Agarwal

20% or DTAA whichever is higher.

For availing benefit of lower TDS i.e less than 20%, he must have PAN.


#3 Dated: 15-2-2011
By:- Seetharaman K C

The DTA rate would supersede the higher rate that is if the DTA rate is lower the same would be applicable. In any case PAN no would be mandatory


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