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TDS on Foreign payment under DTAA if no PAN, Income Tax

Issue Id: - 3749
Dated: 23-1-2012
By:- deepak gulati

TDS on Foreign payment under DTAA if no PAN


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In case of Payments out of India, the Payee not having PAN. what will be the rate of TDS, 20.60% ( u/s 206 ) or DTAA rates.

Posts / Replies

Showing Replies 1 to 6 of 6 Records

Page: 1


1 Dated: 23-1-2012
By:- Reshma kochar

Tax will be deducted as per Section 206AA,  as this section has an overriding effect on any other provisions of Income Tax Act, 1961.

Regards,

Reshma


2 Dated: 25-1-2012
By:- deepak gulati

As per provision of Section 206AA the rate of TDS is @20%


3 Dated: 25-1-2012
By:- Reshma kochar

Rate will be only 20% as no cess and surcharge will imposed u/s 206AA

 

Regards,

Reshma 


4 Dated: 27-1-2012
By:- Ramamohan achar

But in my opinion the rates precribed in the DTAA cannot be overriden by other sections of the Income TAx act, since DTA overrides any provisions of the Income Tax Act and the rates to be applied is whichever is beneficial to the assessee. The DTA is an agreement signed with the other country and thus it will override the other sections.

Regards,

B.Prasanna


5 Dated: 20-7-2012
By:- Annappa Naik

Hi,

I would request you to guys, could pls help me, we have received $17000 bill from data base compan, My request is is TDS will applicable On forign payment? if Yes with out PAN what is the percentage, with PAN number what is the percentage..

Annappa


6 Dated: 20-7-2012
By:- Reshma kochar

your question is not clear... what is the exact transaction for $17000.

 

Regards,

Reshma


Page: 1

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