PERMANENT ACCOUNT NUMBER (PAN)
Mandatory application of PAN when and by whom?
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Before 31st May of the relevant Assessment Year where
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Before end of Accounting Year
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Where total
sales, turnover or gross receipts of business or profession exceed or likely
to exceed Rs 500,000 during any previous year
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Charitable/religious trust
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Before exporting or importing
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Before making application for registration under respective
tax laws
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Assessing
Officer is to allot PAN suo motu having regard to the nature of prescribed
transactions to allot a PAN. Till now no such transactions prescribed.
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Assessing
Officer to allot PAN on receipt of voluntary application from the person not
falling under any of the above category
Persons exempted from obtaining PAN
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Person who
has agricultural income and is not in receipt of any other income chargeable
to tax. However in case of specified transactions such person is required to
furnish declaration in Form No. 61.
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Non-resident
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Central
Government, State Government and consular offices in transactions where they
are payer.
PAN should be quoted on all:
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Income-tax /
TDS / TCS Returns
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Correspondence with tax department,
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Tax challans,
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Correspondence, bills, vouchers and other documents which are send by deductee
of tax to deductor,
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Documents
pertaining to prescribed transactions
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Sale &
purchase of immovable property valued Rs 500,000 or more
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Sale &
purchase of motor vehicle other than two wheelers
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Time
deposits with bank or banking institution exceeding Rs 50,000
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Any
deposits exceeding Rs 50,000 with post office
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Purchase or
sale of securities contract exceeding Rs 100,000
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Opening
account with bank or banking institution
PAN of father or mother or guardian can be quoted, in case minor’s account.
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Application
for installation of landline/mobile telephone connection.
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Payment of
bill exceeding Rs 25,000 to hotel and restaurants.
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Payment in
cash for purchase of bank draft, pay order to bank or banking institution
aggregating of Rs 50,000 or more, during any one day,
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Deposit of
cash with bank or banking institution exceeding aggregate of Rs 50,000 or
more during any one day,
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Payment in
cash in connection with travel (including fare, purchase of foreign currency
from authorised person) to any foreign country of an exceeding Rs 25,000 at
any one time.
However foreign travel does not includes travel to neighbouring countries
viz. Bangladesh, Bhutan, Maldives, Nepal, Pakistan, and Sri Lanka, places of
pilgrimages viz. Saudi Arabia, on Haj Pilgrimage organised by the Central
HAJ Committee and China on pilgrimage to Kailash Mansarovar organised by the
Ministry of external Affairs, GOI.
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Application
to bank or other company/institution for issue of credit/debit card.
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Payment of
Rs 50,000 or more to a mutual fund for purchase of units
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Payment of
Rs 50,000 or more to a company for acquiring shares issued by it,
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Payment of
Rs 50,000 or more to a company or institution for acquiring bonds,
debentures issued by them
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Payment of
Rs 50,000 or more to a RBI for acquiring bonds issued by it.
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Payment of
an life insurance premium amount aggregating Rs 50,000 or more in a year to
an insurer
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Payment to
the dealer, of an amount of Rs 500,000 or more, or against bill of an amount
of Rs 500,000 or more, against purchase of bullion or jewellery
PAN Application
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Application
to made in Form No. 49A before outsourced agency namely NSDL or UTITSL.
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Application
can be made physically or online.
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In case of
change in any particulars submitted at the time of original application,
change or correction in PAN application in "PAN Change request form" is
required to be filed. For the required changes to be incorporated/updated,
relevant check boxes on the left margin of the form are required to be
checked.
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• "PAN Change
request form" can also be used for re-print of PAN card. However, in such case
no boxes should be checked.
Application requirements
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Where
application is submitted online, signed printed copy of the acknowledgement
generated online is required to be submitted within 15 days from the date of
online application.
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Post online
application, acknowledgment can be submitted at Income Tax PAN Services Unit
National Securities Depository Limited, 3rd floor, Sapphire Chambers, Near
Baner Telephone Exchange, Baner, Pune–411045. Envelope is required to be
super scribed as ‘APPLICATION FOR PAN - Acknowledgment Number’ (e.g.
‘APPLICATION FOR PAN - 881010100000097’)*.
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Application
should be complete in all respect, including details of AO. In case of
non-resident AO code pertaining to International Taxation Directorate should
be used and in case if not specified, AO details of International Taxation
Directorate, New Delhi would be assigned.
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Application
(physical or online) to be accompanied by prescribed documents supporting
proof of identity (POI) and proof of address (POA).
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Individual
and HUF applicants can have Address for Communication as Office address.
However in such case Proof of Office Address along with the Proof of
residential address is to be submitted.
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In case of
application by non-resident POI & POA should be attested by Indian Embassy
in which applicant is located. POI & POA I should exactly match with the
name and address in application.
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Non-resident applicants mentioning address of ‘Indian tax consultant’ as
"care of" address must also provide original power of attorney notarized /
attested by Indian Embassy/ High Commission or Consulate located in the
country where applicant is located, which specifically mentions that ‘Indian
tax consultant’ is authorized to accept notices from Income tax Department
on behalf of the applicant.
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In case the
applicant being a foreign citizen who at the time of making the application
is located in India provides office address, then it is mandatory to provide
following documents as POA for the office address:-
– Copy of Visa application to Indian authorities and
– Copy of Visa granted and
– Copy of appointment letter/contract from Indian
Company and
– Certificate (in original) of address in India of
applicant issued by authorized signatory of employer on employer’s letter
head mentioning the PAN of the employer.
– Copy of PAN card for the PAN mentioned in the
employer’s certificate.
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However if
such foreign citizen (applicant) does not have any office in India, but is
registered/approved by any competent authority in India, it may provide an
Indian address as office address which is mentioned in certificate of
registration or approval of the competent authority or the accompanying
documents issued by the competent authority to such applicant or in the
application made by the applicant before the competent authority.
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Documents
certified by ‘Apostille’ in respect of countries which are signatories to
the Hague Apostille Convention of 1961 are also accepted in place documents
attested by Indian Embassy/ High Commission or Consulate.
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‘Individual’ applicants should affix a recent colour photograph (size 3.5 cm
x 2.5 cm)
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Application
to be signed by the person who is authorised to sign return of income.
Representative Assessee (RA) can also apply. In such a case documents
pertaining to POI & POA of RA are also required to be submitted.
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Signature /
Left Thumb Impression should only be within the box provided in the
acknowledgment. The signature should not be on photograph.
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In case
application is signed using a left hand thumb impression, it should be
attested by a Magistrate or a Notary Public or a Gazetted Officer, under
official seal and stamp.
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On
submission of the application (both online & physical), acknowledgment
containing a 15 digit acknowledge number is issued.
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Application
can be tracked online or through mobile using acknowledge number.
Processing Fees
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Application
processing fees is Rs 94 (Rs.85.00 + 10.3% service tax) with Indian card
delivery address and Rs 944 [(Application fee Rs.85.00 + Dispatch Charges Rs.
771.00) + 10.3% service tax] for card with foreign delivery address.
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Additional
surcharge of Rs 5 / Rs 4 (plus service tax) is charged where payment is made
by credit card / debit card or through Net Banking facility respectively.
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Online
application (Indian address only) payment can be made by
o demand
draft or
o cheque or
o credit card
/ debit card or
o net banking
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If any of
addresses i.e. office address or residential address is a foreign address, the
payment can be made only by way of Demand Draft.
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Demand draft
/ cheque shall be in favour of ‘NSDL-PAN’ and payable at Mumbai*.
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Payment by
cheque shall deposit a local cheque (drawn on any bank) with any HDFC Bank
branch across the country (except Dahej). The applicant shall mention NSDLPAN
on the deposit slip*.
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Applicant’s
name and the acknowledgment number should be mentioned on the reverse of the
demand draft / cheque.
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Persons
authorised to make payment by credit card / debit card / net banking can make
payment using such card or account of authorised persons only viz. any
Director of the Company, Individual himself, Karta of Hindu Undivided Family (HUF),
any partner of firm, authorised signatory u/s 140 in respect of application by
Company/Branch/Division of a company, Individual (Sole Proprietorship) /
Branch of individual business, HUF, Firm / Branch of firm, Association of
Persons/Body of Individuals/ Association of Persons (Trusts)/Artificial
Juridical Person as the case may be.
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However
Central Government / State Government and Statutory / Autonomous Bodies cannot
utilise the facility of making payment by credit card / debit card /
net-banking.
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In case
application is made through NSDL.
Procedure may vary where application is made though UTITSL.
Responsibility of Other Party
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Every person
who is in receipt of any document specified in rule 114B shall ensure after
verification that PAN has been correctly quoted.
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Every person
who is in receipt of Form No 60 & 61 (except Form 60 received at the time of
opening bank account) shall forward it to Commissioner of Income-tax (Central
Information Branch) in two instalments.
a. Forms
received from 1st April to 30th September - latest by 31st October and
b. Form
received from 1st October and 31st March - latest by 30th April.
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Every person
deducting tax at source or collecting tax source shall quote PAN in all
returns of tax deducted / collected and in certificate issued by him.
Implication of non-quoting of PAN
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Any person
entitled to receive any sum or income or amount on which tax is deductible
under Chapter XVIIB is required to furnish PAN to the deductor. If the payee
fails to provide PAN to the deductor, tax would be deducted higher of:
o The rate
mentioned in the relevant provisions of the Act;
o The rate in
force;
o Twenty
percent
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Higher rate
in case of non supply of PAN, may also apply to non-resident payee.
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No
certificate for Nil/lower deduction of tax shall be granted u/s 197 unless
application bears PAN.
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Declaration
provided under section 197A without PAN would be treated as invalid leading to
deduction of tax at higher rate.
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In case PAN
supplied is invalid or does not belong to the deductee, it shall be deemed as
if PAN has not been submitted.
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Penalty u/s
272B of Rs 10,000 may be levied in case of each default
o Not
applying or applying belatedly for allotment of PAN
o Non quoting
of PAN or
o Fails to
intimate PAN or
o Supplies or
intimate false PAN.
Tax Deduction and
Collection Account Number (TDCAN)
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Common
Alphanumeric Number is allotted for both Tax deduction and/or collection.
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Application
to be made within one month from the end of the month in which tax is deducted
or collected.
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Allotment of
TDCAN is partly outsourced.
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Persons who
have been earlier allotted TAN / TCS (ten digits) are not again required to
apply for TDCAN.
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Every
deductor / collector can have only one TDCAN, but different branches/divisions
of a deductor / collector may apply for separate TDCAN for each branch /
division.
Application
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Application
for the allotment of TDCAN, to be made in Form No. 49B.
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Application
can be either submitted online or through NSDL to designated AO (TDS / TCS)
having jurisdiction to assess the applicant.
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Online
application can be made at www.tin-nsdl.com.
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In case
change in any of the particulars submitted at the time of furnishing original
application, amendment application is required to be made in "Application
for Changes or Correction in TAN Data for TAN allotted".
Requirements
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Where
application is submitted online, duly signed printed copy of the
acknowledgement generated online is required to be submitted to NSDL within
15 days from the date of online application.
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The printed
acknowledgement is required to be submitted at National Securities
Depository Limited, 3rd floor, Sapphire Chambers, Near Baner Telephone
Exchange, Baner, Pune–411045. Envelope is required to be super scribed as
‘APPLICATION FOR TAN - Acknowledgment Number’ eg. ‘APPLICATION TAN -
88301020000260’
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Application
should be complete in all respect, including details of AO (TDS/TCS).
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Address of
the applicant has to be Indian address only.
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In case
application is signed using a left hand thumb impression, it should be
attested by a Magistrate or a Notary Public or a Gazetted Officer, under
official seal and stamp.
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No
documents are required to be attached along with TDCAN.
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On
submission of the application, acknowledgment containing a 14 digit unique
number is issued.
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Application
can be tracked online or through mobile using unique number.
Processing Fees
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Rs.60.00
(Rs.55.00 application charge + 10.3% Service Tax) is charged towards
processing of the application.
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Additional
surcharge of Rs 5 / Rs 4 (plus service tax) is charged where payment is made
by credit card / debit card or through Net Banking facility respectively.
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Online
application payment can be made by:
o demand
draft or
o cheque or
o credit card
/ debit card or
o net banking
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Demand draft
/ cheque shall be in favour of ‘NSDL-TIN’ and payable at Mumbai.
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Payment by
cheque shall deposit a local cheque (drawn on any bank) with any HDFC Bank
branch across the country (except Dahej). The applicant shall mention TANNSDL
on the deposit slip.
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Applicant’s
name and the acknowledgment number should be mentioned on the reverse of the
demand draft / cheque.
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Persons
authorised to make payment by credit card / debit card / net banking can make
payment using such card or account of authorised persons only viz. any
Director of the Company, Individual himself, Karta of Hindu Undivided Family (HUF),
any partner of firm, authorised signatory u/s 140 in respect of application by
Company/Branch/Division of a company, Individual (Sole Proprietorship) /
Branch of individual business, HUF, Firm / Branch of firm, Association of
Persons/Body of Individuals/ Association of Persons (Trusts)/Artificial
Juridical Person as the case may be.
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However
Central Government / State Government and Statutory / Autonomous Bodies cannot
utilise the facility of making payment by credit card / debit card /
net-banking.
Responsibility of person deducting / collecting tax
TDCAN to be quoted in all
• Challans,
• TDS/TCS certificates,
• Return or statements of TDS/TCS,
• All such other documents pertaining to such transactions
as may be prescribed
Penalty
Penalty u/s 272BB of Rs 10,000 may be levied in case of
each default of:
• Not applying or applying belatedly for allotment TDCAN,
• Non quoting of TDCAN, or
• Quoting TDCAN which person believes to be incorrect.
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