A network-related or instance-specific error occurred while establishing a connection to SQL Server. The server was not found or was not accessible. Verify that the instance name is correct and that SQL Server is configured to allow remote connections. (provider: Named Pipes Provider, error: 40 - Could not open a connection to SQL Server) What is Income Tax Clearance Certificate? For whom is it a must?, National : Today Indya

Latest News

  • Home
  • National
  • What is Income Tax Clearance Certificate? For whom is it a must?
What is Income Tax Clearance Certificate? For whom is it a must?
Friday, July 6, 2018 IST
What is Income Tax Clearance Certificate? For whom is it a must?

There are a few transactions where obtaining an Income-Tax Clearance Certificate is currently required under the Income-Tax Act.

 
 

Earlier, many transactions required obtaining an Income-Tax Clearance Certificate. For instance, while filing a tender for government works, registration of immovable properties, renewal of import/export licences, renewal of post licences and renewal of shipping licences. With liberalization, all these have been dispensed with. Now, taxpayers are only required to quote their Permanent Account Number (PAN) in their tender or other relevant documents.
 
There are a very few transactions, however, where obtaining an Income-Tax Clearance Certificate (or similar certificate) is currently required under the Income-Tax Act, 1961.
 
Here they go:
 
Certificate under Section 281 of the Act:
 
“The Income-Tax Act provides that if any person transfers or alienates any property while any proceedings under the Income-Tax Act is pending, such transfer/alienation is void as against demand from income-tax unless (a) the transaction is for adequate consideration and without notice of pending proceedings/demand; or (b) with previous approval of the tax officer,” says Ashok Shah, Partner, N.A Shah Associates LLP.
 
# This provision, however, does not apply to stock in trade.
 
# In a large property transaction or sale of business, it is an usual practice of the purchaser to insist on the seller for obtaining such a certificate, as the purchaser does not want to get involved in the controversy with the tax department later on.
 
Certificate under Section 195/197 of the Act:
 
# The Income-Tax Act provides that any person who is making any payment/crediting any amount to the non-resident, then he is required to withhold tax, if such amount is liable to tax in India in the hands of such a recipient.
 
# “If a person makes remittance without deduction of tax at source and later on the tax department holds that such payment was liable to tax in India, remitter is made liable for such tax,” says Shah.
 
# Hence, if the remitter wants certainty, he can approach the tax officer for the issue of certificate and remit the amount in accordance with such a certificate.
 
# Similarly, the recipient can also approach the IT Department for grant of a certificate for receipt of money without deduction of tax at source.
 
 

 
 

Certificate under Section 230 of the Act for persons not domiciled in India, leaving India:
 
If a person who is not domiciled in India, comes to India for the purpose of business, profession or employment and who derives any income in India is required to obtain a tax clearance certificate before leaving the country.
 
This certificate is needed to ensure that such a person, before leaving the country, has duly paid all the taxes on the income earned in India by means of business or employment.
 
It is, however, imperative to note that “any person who is not domiciled in India but visits India as a foreign tourist or for any other purpose not connected with business, profession or employment does not need to obtain a tax clearance certificate from tax authorities,” informs Shah.
 

 
 
 
 
 

Related Topics

 
 
 

Trending News & Articles

 Article
Here is the full list of 827 porn websites banned by the DoT

While the Uttarakhand High Court has asked to block 857 websites, the Ministry of Electronics and IT (Meity) found 30 portals without any pornographic content. ...

Recently posted . 64K views . 1 min read
 

 Article
Class XII Boys Raped 16-Year-old in Dehradun School After Watching Porn on Phone: Police

The four boys as well as five school officials, including the director and principal, were arrested after the incident. The minors were presented before the Juvenil...

Recently posted . 10K views . 1 min read
 

 Article
Sept 27,2001 Rahul Gandhi and his girl friend Veronique,was arrested in Logan airport in Boston

Rahul was having an Italian passport and was carrying suitcase full of dollars. Some say it was about was it $2 million. Rahul and his girl friend was th...

Recently posted . 9K views . 7 min read
 

 Article
TOP 10 GYM EQUIPMENT BRANDS IN INDIA 2017

True – Tr...

Recently posted . 8K views . 83 min read
 

 
 

More in National

 Article
Women not allowed without dupatta in Imran Khan's 'Naya Pakistan'?

Punjab Civil Secretariat in Pakistan will not allow women inside a government building without a dupatta or headscarf, according to ministerial orders. 

Recently posted. 844 views . 1 min read
 

 Article
Who is Prateek Hajela, who’s making the headlines in Assam?

Few bureaucrats in Assam, including J.P. Rajkhowa who had a controversial tenure as Governor of Arunachal Pradesh post-retirement, have made the headlines as much...

Recently posted. 926 views . 4 min read
 

 Article
Delhi High Court bans slaughtering of birds at Ghazipur mandi

The court asked the authorities to file within a week the compliance report on its order. The court was hearing a public interest litigation (PIL) alleging that pou...

Recently posted. 797 views . 1 min read
 

 Reviews
Top Schools in Delhi-NCR



Recently posted . 4K views . 126 min read
 

 Article
Lord Ram's Statue Should Be Taller Than Statue Of Unity, Says Azam Khan

The announcement in this regard will be made during the Deepawali festivities to be organised the next week when Yogi Adityanath will be in Ayodhya.

Recently posted. 1K views . 1 min read
 

 Article
PM Modi Israel Visit : seeks closer ties in historic visit to Israel terror, economic co-operation top priority

New Delhi: Signaling a move in India's foreign policy calculus, Prime Minister Narendra Modi on Tuesday set out on a two-country visit beginning from Israel ami...

Recently posted. 826 views . 28 min read
 

 
 
 

   Prashnavali

  Thought of the Day

Let your courage inspire the world around you.
Steve Maraboli

Be the first one to comment on this story

Close
Post Comment
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST


ads
Back To Top