CA Umesh Sharma
Arjuna (Fictional Character): Krishna, from 1st January 2016 onwards PAN is required to be quoted in sale or purchase transaction exceeding Rs.2 lakh. Which is this hidden income tax provision?
Krishna(Fictional Character): Arjuna, Income tax Department has mentioned in rules, when a person is required to obtain PAN compulsorily and where it is required to be quoted or given. Everyone knows that PAN has to be quoted while opening the bank account, effecting transactions of immovable property. But from 1st January 2016 onwards, the law has been changed and now it has been made compulsory to quote PAN where the amount of each purchase or sale of goods or services exceeds Rs.2 Lakh. Many people does not know about this change, so PAN is not quoted in such cases. The responsibility to quote PAN is on both, purchaser and seller. So each and every traders hould understand this provision otherwise he would have to face its consequences.
Arjuna: Krishna, who are required to compulsorily obtain PAN?
Krishna: Arjuna, according to section 139A of Income Tax Act, if a person’s income exceeds the basic exemption limit or his annual turnover exceeds Rs.5 lakh or TDS gets deducted on his income then he would have to compulsorily obtain PAN.
Arjuna: Krishna, on which transactions quoting of PAN is compulsory?
Krishna: Arjuna, Section 139A states about quoting of PAN and type and limit of transactions is given in rule 114B,C and D of Income Tax rules. Out of them, the major transactions and their limits are given below:
Many other transactions are there which needs to be taken care off.
Arjuna: Krishna, what should a person do if he doesn’t have PAN and what are the duties of Seller?
Krishna: Arjuna, if the transaction effected by any person is covered under the aforesaid conditions and if he does not have PAN then he would have to give declaration in Form 60 of Income Tax. If a person earns income from agriculture and if he does not have income from any other source and he filed Form 61, then he will not be required to quote his PAN. Similarly, nonresident person is not required to quote PAN. Further the declarations received in Form 60 by the seller form persons who do not have PAN, shall file on line Form 61 as per rule 114D within one month from the end of six months. i.e., for April to Sept, on 31st Oct and From Oct to March, 30th April each year. This rule is also applicable to all Tax Audit Cases. Copy of Form 60 needs to preserve for 6 years by the seller.
Arjuna: Krishna, what will happen if a taxpayer does not quote his PAN?
Krishna: Arjuna, if a taxpayer does not quote his PAN for the aforesaid transactions, then Income Tax Officer can impose a penalty of Rs.10, 000 as per Rule 272B.
Arjuna:Krishna, what the taxpayers should learn from this?
Krishna: Arjuna, in our country many people perform various type of transactions like purchase for marriage, business, etc. Many people does not take such purchases into consideration. To keep an eye on such purchase or sale transactions, the Income Tax Department has introduced this provision of PAN from 1st January 2016. This provision is also applicable to all common people. Because of this it is expected that such transactions will come into books at least in some proportion and the revenue of government will increase. Further please note that there is difference in TCS provision of 1% on Sales or purchase of any goods or services above Rs. 2 lakhs and this rule of 114B, element of Cash is not there in 114B, where as it is there in TCS. Many type of issues may arise in mind of taxpayer. Hence care full reading and compliance is required in such transaction above Rs. 2 lakhs now by all. How this rule will be implemented is the rule issue. As there is no aware ness in taxpayers and the business community of this. Now the time has come, that many will be PANIC due to PAN.