Apart from the TRC, section 90(5) read with Rule 21AB(1) of the Income-tax Rule, 1962, the non-resident needs to provide the following information in Form 10F which is signed by the Director/Partner/Self of the non-resident person:
Recently, the Central Board of Direct Taxes (“CBDT”) issued a Notification no.3/2022 dated 16 July 2022 wherein they have made it mandatory for all the persons to electronically file Form 10F through the e-filing portal of the person. However, in December 2022, the CBDT issued another Notification dated 12 December 2022 wherein the CBDT has relaxed this requirement of electronic filing of Form 10F for non-residents not having a PAN in India. This relaxation is provided only up to 31 March 2023.
Let’s throw some light on how these notifications issued by the CBDT will have an impact on the non-residents and the tax department: