GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF DIRECT TAXES
NEW DELHI

NOTIFICATION NO.  38/2015, Dated: April 10, 2015

S.O. 995(E) – In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. (1) These rules may be called the Income -tax (Fifth Amendment) Rules, 2015.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962, –

(1) in rule 114, –

(a) in sub-rule (1), the following proviso shall be inserted, namely:-

“Provided that in case of an applicant, being a company which has not been registered under the Companies Act, 2013 (18 of 2013), the application for allotment of a Permanent Account Number may be made in Form No. INC-7 specified under sub-section (1) of section 7 of the said Act for incorporation of the company.”;

(b) in sub-rule (4),-

(i) in the opening portion, after the words, brackets and figure “referred to in sub-rule (1)” the brackets, words and figure “[other than that referred to in the proviso to sub-rule (1)]” shall be inserted;

(ii) in the TABLE, in column (4),-

(I) against Sl. No. (1), for item (C) the following item shall be substituted, namely:-

“(C) Proof of date of birth-

copy of the following documents if they bear the name, date, month and year of birth of the applicant, namely:–

(a) birth certificate issued by the municipal authority or any office authorised to issue birth and death certificate by the Registrar of Birth and Deaths or the Indian Consulate as defined in clause (d) of subsection (1) of section 2 of the Citizenship Act, 1955 (57 of 1955); or

(b) pension payment order; or

(c) marriage certificate issued by the Registrar of Marriages; or

(d) matriculation certificate or mark sheet of recognised board; or

(e) passport; or

(f) driving licence; or

(g) domicile certificate issued by the Government; or

(h) aadhar card issued by the Unique Identification Authority of India; or

(i) elector’s photo identity card; or

(j) photo identity card issued by the Central Government or State Government or Central Public Sector Undertaking or State Public Sector Undertaking; or

(k) Central Government Health Service Scheme photo card or Ex-servicemen Contributory Health Scheme photo card; or

(l) affidavit sworn before a magistrate stating the date of birth.”;

(II) against Sl. No. 3, for the words “Copy of Certificate of Registration issued by the Registrar of Companies.”, the following shall be substituted, namely:-

“(a) Copy of Certificate of Registration issued by the Registrar of Companies; or

(b) corporate identity number allotted by the Registrar under section 7 of the Companies Act, 2013 (18 of 2013).”;

(2) in rule 114A, in sub-rule (1), the following proviso shall be inserted, namely:-

“Provided that in case of an applicant, being a company which has not been registered under the Companies Act, 2013 (18 of 2013), the application for allotment of a tax deduction and collection account number may be made in Form No. INC-7 specified under sub-section (1) of section 7 of the said Act for incorporation of the company.”.

F.No.142/15/2013-TPL

(Gaurav Kanaujia)
Director to Government of India

Note:- The principal rules were published vide notification number S.O. 969 (E), dated the 26th March, 1962 and last amended by Income-tax (fourth Amendment) Rules, 2015 vide notification number S.O. 915 (E), dated the 1st day of April, 2015.

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0 responses to “PAN / TAN for new Company- Apply in Form INC-7- No Separate Application”

  1. Ramesh says:

    we have applied for pan, tan of the company online in march 2014. After that somehow we have not submitted the signed acknowledgements.

    Can we submit now to get new pan and tan.

    Regards
    Ramesh

  2. sanjaya says:

    kindly confirm the section code in which I have availing an exemption on travelling allowance up to Rs. 19200.00 ( Rs. 1600.00 pm ) in the A Y 2015-16

  3. BHAUMIK SHAH says:

    When we have to apply for the PAN/TAN if we have opted and mentioned details of PAN/TAN in INC-7 ? After Incorporation ?

  4. Jatin Patel says:

    Hi Tribhuvan Khatri.

    If you have filed form – 7 and filled AO code details. Then it doesn’t mean you have applied for PAN and TAN. You have to upload this forms at e-biz portal of gov. Unluckily this portal has not started its functioning for PAN Application. Therefore, you must apply separately in routine procedure for PAN and TAN application as of now until this functions start.

  5. CA Tribhuvan khatri says:

    How to check status of PAN filed through INC-7

  6. Meet Jain says:

    Sir/ Madam,

    I want to know that how to apply for PAN in form INC-7. Further it seems that the amendment in the Form No. INC 7 has not been made to fulfill the requirement of the CBDT notification vide No.8/2015, Dated: April 10, 2015.

    Thanks & Regards,
    Meet Jain

  7. CA. Bhavesh Savla says:

    The sai notification covers only INC-7 and not INC-2 which is the incorporation form for OPC. So OPC will not be able to use this facility. This is surely an oversight and needs to be corrected.

    CA. Bhavesh Savla
    http://www.cabks.in

  8. CA Karam Bir Lathwal says:

    yes sir

  9. Jignesh Shah says:

    In firest line it is mentioned that applicant company not registered under companies act 2013 – what it means. company registered under previous act & does not obtain PAN have to apply in INC 7 & company registered under company act 2013 have to apply in Form 49A or copy of INC 7 is sufficeint to obtain PAN
    As so many times INC 7 is rejected in that case what to do

  10. kailash kumae says:

    I think yes it will be amended.

  11. Hardeep Singh says:

    Sir/Madam,

    I want to clear my point that whether the Form INC-7 is amended if it is used to apply for PAN of the company as per the CBDT notification vide No.8/2015, Dated: April 10, 2015.

    Thanks & Regards:
    Hardeep Singh

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