PAN OF FOREIGN COMPANY HAVING INVESTMENT IN INDIA AND ITR FILING REQUIREMENT

INTRODUCTION

In this article, we are going to perceive why PAN of Foreign corporations is very important and why the authority & Indian companies having foreign investment usually insist Investors use PAN in India.

A question that arises is whether or not a distant company that has attained financial gain from a supply in India is needed to file its income tax return in India.

PAN OF FOREIGN

ACCORDING TO THE COMPANY’S ACT

Section 139(1) of the income tax Act deals with the topic of who is needed to file income tax returns in India. Consistent with section, each Company is needed to furnish its income tax return among the time-frame allowed thereunder Section.

The definition of Company, as per Section 2(17) includes anybody company incorporated outside India i.e. a foreign Company. Therefore, each foreign company is needed to file its income tax return in India. Although, the financial gain that a foreign company is needed to declare is just the income that accrues or arises in India or is deemed to accrue or arise in India. Therefore, one will say that each foreign company that derives assessable income in India should file its income tax return in India declaring Indian income and payment of the tax on it

The income within the nature of “fees for technical services” that a distant company earns from an Indian Company is deemed to accrue or arise in India seeable of Section 9(1)(vii). Assume that constant is additionally assessable in terms of Article 13 on “Royalties and charges for Technical Services”. On such payment, the Indian company has subtracted and paid income tax in accordance with Section 115A (1) (d) of the domestic Act or Article 13 of The Double tax avoidance Agreement.

In this case, the foreign company will have a supply of income in India. This supply of income (Fees for technical services) isn’t the supply of income that is roofed by the exemption granted by section 115A (5). Therefore, this foreign company is needed to file its income tax return in India among the timelines as such that underneath Section 139(1) of The Act.

Section 139A (5) (c) of the income tax act states that PAN is needed to be quoted on transactions prescribed by CBDT.

RULE 114B OF INCOME TAX

Rule 114B of income tax Rules states the transactions within which quoting of PAN is obligatory.

A minor getting in any of higher than dealings and additionally doesn’t have any income indictable to tax will quote his father’s, mother’s, or guardian’s Permanent Account Number (PAN).

A person who doesn’t have PAN needs to file a declaration in form 60 giving the details of the transaction.

The provisions of this rule don’t apply to the subsequent category or categories of persons

1. The Central Government, the State Governments, and therefore the consular Offices.

2. The non-residents mentioned in clause (30) of section 2 of the Act in respect of the transactions aside from a transaction mentioned at the foreign terrorist organization.

Penalty For dispute Section 272B defines the penalty for the dispute of the above rules.

1. If someone who is needed to gather PAN is unable to try to do this, the Assessing officer might impose a penalty of Rs. 10,000.

2. If someone who is needed to quote his PAN quotes a false PAN, the Assessing officer might impose a penalty of Rs. 10,000.

Assessing officers are needed to allow a chance to being detected before imposing any penalty.

SECTION 285BA ON INCOME TAX ACT, 1961

Section 285BA of the Income-tax Act, 1961 (IT Act) mandates that person to furnish a Statement of monetary Transactions (SFT) in respect of such that transactions. Rule 114E of the Income-tax Rules, 1962 (IT Rules) provides for the category of person (i.e. coverage person) and therefore the nature and price of dealings that coverage is to be done. As per Rule 114E of the IT Rules, the SFT is to be well-appointed in type 61A. Currently, transactions concerning money deposit/ withdrawal, time deposits, transfer of shares, transfer of units of mutual funds, foreign currency, and immobile property, that exceed the prescribed thresholds, the square measure needed to be according in terms of Rule 114E of the IT Rules.

Recently, the Central Board of Direct Taxes (CBDT) has issued a Notification1 to amend Rule 114E of the IT Rules. We, at BDO in India, have analyzed and summarized the aforesaid notification and provided our comments on its impact hereunder:

During her budget speech for Union Budget 2021, the Hon’ble finance minister Smt. Nirmala Sitharaman had declared that filing of tax returns is more relieved. this might be achieved by creating details concerning capital gains from listed securities, dividend financial gain, and interest from banks, post workplace, etc. pre-filled. In line with this announcement, this Notification has been issued by the CBDT. Whereas the Rule has been amended, the corresponding form (i.e. form 61A) is however to be amended. The point in time for filing form 61A being 31 might of the succeeding year (FY) i.e., 31 might 2021 for FY 2020-21. Once the revised form 61A is notified, the taxpayers would recognize the knowledge that has to be submitted. With solely 2.5 months to travel for filing of form 61A and no sight of revised form 61A, it may be a herculean task for the taxpayers to collate the requisite data and guarantee its timely compliance.

The income tax Rules, 1962, the sub-rule (2A) and (2B) are inserted within the rule 114AAb associated with “Class or categories of person to whom provisions of section 139A shall not apply”.

NON-ELIGIBILITY FOR SECTION 139A

The Provision of section 139A (related to “Permanent Account Number”) shall not apply to a non-resident being an eligible foreign investor, who has created group action solely in capital plus stated in clause (vii)(ab) of section 47 that are listed on a recognized exchange settled in International monetary Service Centre and also the thought of such capital plus is paid or due in foreign currency, if the subsequent conditions are consummated, namely:-

i) The eligible foreign investor doesn’t earn any financial gain in India, aside from income from transfer of capital plus stated in clause (vii)(ab) of section 47.

ii) The eligible foreign investor furnishes the subsequent details and documents to the stockbroker through that the group action is created namely:

a) Name, e-mail id, contact number

b) Address within the country or such territory outside India of that he’s a resident;

c) A declaration that he’s a resident of a country or such territory outside India and

d) Tax within the country or such territory of his residence or just in case no such number is obtainable, then a unique number supported that the non-resident is known by the govt. of that country or the desired territory of that, he claims to be non-resident.

CONCLUSION

The Permanent Account Number PAN introduced in India in 2010 is no longer mandatory in all cases for foreign companies since June 1, 2016. Even without the PAN, withholding tax deductions according to the double taxation agreement are guaranteed.

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