*TDS at higher rate on all transactions not having PAN from April 1 st ,
2010 *

*By TIOL News Service *

*NEW DELHI**, JAN 20, 2010: A *new provision relating to tax deduction at
source ( TDS ) under the Income Tax Act 1961 will become applicable with
effect from 1 st April 2010 . Tax at higher of the prescribed rate or 20%
will be deducted on all transactions liable to TDS , where the Permanent
Account Number (PAN) of the deductee is not available. The law will also
apply to all non-residents in respect of payments / remittances liable to
TDS . As per the new provisions, certificate for deduction at lower rate or
no deduction shall not be given by the assessing officer under section 197,
or declaration by deductee under section 197A for non-deduction of TDS on
payments shall not be valid, unless the application bears PAN of the
applicant / deductee .

All deductors are liable to deduct tax at the higher rate in all
transactions not having PAN of the deductees on or after 1 st April 2010 .
In order that there is no dispute regarding quoting / non-quoting of PAN or
accuracy thereof, the law requires all deductees and dedutors to quote PAN
of deductees in all correspondences, bills, vouchers and other documents
sent to each other. All deductors are, therefore, advised to intimate their
deductees to obtain and furnish their PAN so as to avoid TDS at a higher
rate. All deductees , including non-residents having transactions in India
liable to TDS , are advised to obtain PAN by 31 st March 2010 and
communicate the same to their deductors before tax is actually deducted on
transactions after that date.

The procedure for obtaining PAN is simple, inexpensive and quick.
Application for PAN can be filed in Form 49A to National Securities
Depository Ltd. (NSDL) or Unit Trust of India Investor Services Ltd.
(UTIISL) or their intermediaries. Non-residents can apply through the local
embassy / consulate of India.





-- 
"Beautiful light is born of darkness, so the faith that springs from
conflict is often the strongest and best." ~R. Turnbull

Vanakkam Subbu

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