Grossing up in absence of PAN should be at rates in force and not at 20%

As regards the grossing up u/s 195A of the Income-tax Act is concerned, we find that the provision reads as under:

[In a case other than that referred to in subsection (1A) of sec. 192, where under an agreement] or other arrangement, the tax chargeable on any income referred to in the foregoing provisions of this Chapter is to be borne by the person by whom the income is payable, then, for the purposes of deduction of tax under those provisions such income shall be increased to such amount as would, after deduction of tax thereon at the rates in force for the financial year in which such income is payable, be equal to the net amount payable under such agreement or arrangement.

Thus, it can be seen that the income shall be increased to such amount as would after deduction of tax thereto at the rate in force for the financial year in which such income is payable, be equal to the net amount payable under such agreement or arrangement. A literal reading of sec. implies that the income should be increased at the rates in force for the financial years and not the rates at which the tax is to be withheld by the assessee. The Hon’ble Apex Court in the case of GE India Technology (cited Supra) has held that the meaning and effect has to be given to the expression used in the section and while interpreting a section, one has to give weightage to every word used in that section. In view of the same, we are of the opinion that the grossing up of the amount is to be done at the rates in force for the financial year in which such income is payable and not at 20% as specified u/s 206AA of the Act.

3 thoughts on “Grossing up in absence of PAN should be at rates in force and not at 20%

  1. Sagar Mistry

    Suppose an NR submits TRC but does not furnish PAN and tax rate for FTS under treaty provision is 15%. Payment is to be made net of taxes. Thus at what rate gross up will be done and at what rate tax will be deducted????

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