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TMI BlogPAN for overseas consultantX X X X Extracts X X X X X X X X Extracts X X X X ..... Is there a statutory obligation for a overseas company to obtain PAN if they are going to send in their consultant to offer services in India for a period of 5 months? What are the implications of not obtaining a PAN? The company is a Singapore company which has a double tax treaty with India. - Reply By Rama Krishana - The Reply = In case the non resident receiving any income on which TDS (withho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding tax) is required to be deducted, such non resident is required to have PAN. Otherwise, tds rates would be 20% - Reply By Anuj Gupta - The Reply = If the foreign company which is located in Singapore sends their employees to India for a period of more than 90 days in fiscal year then the foreign Company shall be forming a service PE in India and then the income so paid to the foreign company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be chargeable u/s 44DA of I T Act,1961.The foreign party has no escape route in the India Singapore Treaty also and is also chargeable for the same under Article 5 & 7. So kindly be careful in making payment of such type and I may suggest the following steps: 1.Ask the Singapore Party to obtain PAN. 2. Then ask the Singapore party or Indian Party to obtain an order from ITO u/s 195 or 197 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and then only make any payment based on that order. - PAN for overseas consultant - Query Started By: - seetha lakshmi Dated:- 9-7-2010 Income Tax - Got 2 Replies - Income Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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