TDS on Foreign payment under DTAA if no PAN

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....DS on Foreign payment under DTAA if no PAN<br> Query (Issue) Started By: - deepak gulati Dated:- 23-1-2012 Last Reply Date:- 20-7-2012 Income Tax<br>Got 6 Replies<br>Income Tax<br>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. Reply By Reshma kochar: The Reply: Tax will be deducted as per Section 206AA, as this section ....

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....has an overriding effect on any other provisions of Income Tax Act, 1961. Regards, Reshma Reply By deepak gulati: The Reply: As per provision of Section 206AA the rate of TDS is @20% Reply By Reshma kochar: The Reply: Rate will be only 20% as no cess and surcharge will imposed u/s 206AA Regards, Reshma Reply By Ramamohan achar: The Reply: But in my opinion the rates precribed in the DTA....

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....A 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 Reply By Annappa Naik: The Reply: Hi, I would request you to guys, could pls help m....

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....e, 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 Reply By Reshma kochar: The Reply: your question is not clear... what is the exact transaction for $17000. Regards, Reshma<br> Discussion Forum - Knowledge Sharing ....