Partial relaxation for electronic filing of form 10F

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Partial relaxation for electronic filing of form 10F

Partial relaxation for electronic filing of form 10F

CBDT wide notification no 03/2022 dated 16th July 2022 had notified filing of form 10F [Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A of the Income-tax Act, 1961] electronically on income tax portal. Which required PAN based login. Mandatory electronic filling of 10F created hurdle for non-resident payees and resident payers, as in certain cases, a non-resident payee is not required to obtain PAN under the Act. As mandatory obtaining PAN in India created unnecessary burden on NRIs.

On consideration of the practical challenge being faced by non-resident (NR) taxpayers not having PAN in making compliance as per the notification 03/2022, and with a view to mitigate genuine hardship to such taxpayers, it has been decided by the CBDT that 

  • Non-resident taxpayers who are not having PAN and 
  • not required to have PAN as per relevant provisions of the Income-tax Act,1961, 

are exempted from mandatory electronic filing of Form l0F till 31st March 2023.**

** this period of exemption further extended up to 30th September 2023 

For the sake of clarity, it is reiterated that such category of taxpayers may make statutory compliance of filing Form 10F till 31st March 2023 in manual form as was being done prior to issuance of the DGIT(Systems) Notification No. 3 of 2022.

Enclosed herewith notification 03/2022 giving relaxation in electronic filing of 10F

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