The Central Board of Direct Tax (CBDT) extended the Form 10F e-filing exemption for Non-residents without PAN till September 30, 2023, as stated in F. No. DGIT(S)-ADG(S)-3/e-Filing Notification/Forms/2023/ 13420, dated March 28, 2023.
The CBDT is also in charge of enforcing and managing the nation’s direct tax laws, making sure that taxpayers follow all applicable guidelines. Additionally, the CBDT is answerable for the overall management of the direct taxation system in India as well as the collection of all direct taxes in that nation.
In compliance with the authority under Rule 131(1)/(2) of the Income-tax Regulations, the Directorate of Income Tax (Systems) New Delhi issued Notification No. 03/2022 on July 16, 2022, requiring, among other things, the electronic filing of Form 10F.
On consideration of the practical challenge being faced in making compliance as per the above notification, those non-resident (NR) taxpayers who were not having PAN and not required to have PAN as per relevant provisions of the Income-tax Act, 1961 read with Income-tax Rules, 1962, were exempted from mandatory electronic filing of Form 10F till March 31, 2023 by the competent authority.
In view of the continued practical challenges and to mitigate the genuine hardship being faced by such a category of taxpayers, it has been decided by the competent authority to extend the above mentioned partial relaxation further till September 30, 2023.
For the sake of clarity, it is reiterated that such a category of taxpayers may make statutory compliance of filing Form 10F till September 30, 2023 in manual form as was being done prior to issuance of the DGIT(Systems) Notification No. 3 of 2022.
Form 10F is a declaration that must be provided by a non-resident who is not a company or a foreign company in order to claim the benefit under an agreement that the Indian government has with the government of another nation or designated outside territory. Often referred to as a Double Taxation Avoidance Agreement (DTAA).
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