In this article we have covered Meaning of Permanent Account Number (PAN), Its Utility,Procedure to Obtain PAN, Transaction in Which PAN is Mandatory, How to correct any mistake in PAN card or intimate any change in data pertaining to PAN, Why Holding of more than one PAN not allowed, How to know PAN if the PAN card is lost and PAN is forgotten, Penalty for not complying with provisions of PAN.
Q.1 What is PAN?
Ans: PAN stands for Permanent Account Number. PAN is a ten-digit unique alphanumeric number issued by the Income Tax Department. PAN is issued in the form of a laminated plastic card (commonly known as PAN card). Given below is an illustrative PAN:
Q.2 What is the utility of PAN?
Ans: PAN enables the department to link all transactions of the assessee with the department. These transactions include tax payments, TDS/TCS credits, returns of income, specified transactions, correspondence and so on. It facilitates easy retrieval of information of assessee and matching of various investments, borrowings and other business activities of assessee.
Q.3 What are the benefits of obtaining a Permanent Account Number [PAN] and PAN Card?
Ans: A Permanent Account Number has been made compulsory for every transaction with the Income-tax Department. It is also mandatory for numerous other financial transactions such as opening of bank accounts, in bank account, deposit of cash in bank account, opening of Demat account, transaction of immovable properties, dealing in securities, etc. A PAN card is a valuable means of photo identification accepted by all Government and non-Government institutions in the country.
Q.4 How PAN is formed and how it gets its unique identity?
Ans: PAN is a ten-digit unique alphanumeric number issued by the Income Tax Department. The formation of PAN is discussed below :
“A” stands for Association of Persons (AoP)
“B” stands for Body of Individuals (BOI)
“C” stands for Company
“F” stands for Firm/Limited Liability Partnership
“G” stands for Government Agency
“H” stands for Hindu Undivided Family (HUF)
“J” stands for Artificial Juridical Person
“L” stands for Local Authority
“P” stands for Individual
“T” stands for Trust
The combination of all the above items gives the PAN its unique identity.
Q.5 Who has to obtain PAN?
Ans: PAN is to be obtained by following persons:
Every non-individual resident persons and person associated with them if the financial transaction entered into by such non-individual resident persons during a financial year exceeds Rs. 2,50,000.
Note: Persons associated with non-individual resident persons means the managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office bearer of the non-individual resident persons or any person competent to act on behalf of such persons.
A person not covered in any of the above can voluntarily apply for PAN.
Q.6 What are the specified financial transactions in which quoting of PAN is mandatory?
Ans: As per rule 114B, following are the transactions in which quoting of PAN is mandatory by every person except the Central Government, the State Governments and the Consular Offices:
1. Sale or purchase of a motor vehicle or vehicle other than two wheeled vehicles.
2. Opening an account [other than a time-deposit referred at point No. 12 and a Basic Savings Bank Deposit Account] with a banking company or a co-operative bank
3. Making an application for issue of a credit or debit card.
4. Opening of a demat account with a depository, participant, custodian of securities or any other person with SEBI
5. Payment in cash of an amount exceeding Rs. 50,000 to a hotel or restaurant against bill at any one time.
6. Payment in cash of an amount exceeding Rs. 50,000 in connection with travel to any foreign country or payment for purchase of any foreign currency at any one time.
7. Payment of an amount exceeding Rs. 50,000 to a Mutual Fund for purchase of its units
8. Payment of an amount exceeding Rs. 50,000 to a company or an institution for acquiring debentures or bonds issued by it.
9. Payment of an amount exceeding Rs. 50,000 to the Reserve Bank of India for acquiring bonds issued by it.
10. Deposit with a banking company or a co-operative bank:-
i. Cash exceeding Rs. 50,000 during any one day; or
ii. Cash deposit of aggregating to more than Rs. 2,50,000 during the period 09th November, 2016 to 30th December, 2016
11. Payment in cash for an amount exceeding Rs. 50,000 during any one day for purchase of bank drafts or pay orders or banker’s cheques from a banking company or a co-operative bank.
12. A time deposit of amount exceeding Rs. 50,000 or aggregating to more than Rs. 5 lakh during a financial year with –
i. a banking company or a co-operative bank
ii. a Post Office;
iii. a Nidhi referred to in section 406 of the Companies Act, 2013 or
iv. a non-banking financial company
13. Payment in cash or by way of a bank draft or pay order or banker’s cheque of an amount aggregating to more than Rs. 50,000 in a financial year. for one or more pre-paid payment instruments, as defined in the policy guidelines for issuance and operation of pre-paid payment instruments issued by Reserve Bank of India under section 18 of the Payment and Settlement Systems Act, 2007 to a banking company or a co-operative bank or to any other company or institution.
14. Payment of an amount aggregating to more than Rs. 50,000 in a financial year as life insurance premium to an insurer
15. A contract for sale or purchase of securities (other than shares) for amount exceeding Rs. 1 lakh per transaction
16. Sale or purchase, by any person, of shares of a company not listed in a recognised stock exchange for amount exceeding Rs. 1 lakh per transaction.
17. Sale or purchase of any immovable property for an amount exceeding Rs. 10 lakh or valued by stamp valuation authority referred to in section 50C of the Act at an amount exceeding ten lakh rupees.
18. Sale or purchase of goods or services of any nature other than those specified above for an amount exceeding Rs. 2 lakh per transaction.
1. Minor person can quote PAN of his father or mother or guardian provided he does not have any income chargeable to income-tax.
2. Any person, who does not have PAN and enters into any of above transaction, can make a declaration in Form No.60.
3. Quoting of PAN is not required by a non-resident in a transaction referred at point No. 3 or 5 or 6 or 9 or 11 or 13 or 18.
Q.7 How does Income Tax Department ensure that PAN is quoted on transactions in which quoting of PAN is mandatory?
Ans: It is statutory responsibility of a person receiving document relating to economic or financial transactions notified by the Central Board of Direct Taxes (CBDT) to ensure that PAN has been duly quoted in the documents in which quoting of PAN is mandatory. Thus, the receiver of these documents will ensure that PAN is quoted in the respective document. E.g. PAN is necessary to open a bank account and hence the Bank will ensure that the applicant has quoted his PAN at the time of applying for bank account.
Q.8 Can I file my return of income without quoting PAN?
Ans: It is mandatory to quote PAN on the return of income. Apart from return of income, PAN is also to be quoted in all challans for making payment of tax, correspondence with the Income Tax Department, etc.
However, w.e.f., 01-09-2019, every person who has been allotted a PAN, and who has linked his Aadhaar number with PAN as per section 139AA, may furnish his Aadhaar number in lieu of a PAN for all the transactions where quoting of PAN is mandatory as per Income-tax Act. Thus, with effect from September 1, 2019, an assessee can file his return of income by quoting his Aadhaar number instead of quoting PAN.
Q.9 How to apply for PAN?
Ans: PAN application can be filled up in the following forms –
1. Form 49A (for Indian Citizens)
2. Form 49AA (for Foreign Citizens)
PAN application can be made either online through NSDL website www.tin-nsdl.com or UTIITSL website or through any of the NSDL TIN-Facilitation Centres/ PAN Centres.
While submitting PAN application form, applicant will have to indicate whether physical PAN card or E-PAN card is required.
If applicant opts for physical PAN Card, then physical PAN card will be printed & dispatched at communication address.
If the physical PAN Card is not required. In such cases, email ID will be mandatory & e-PAN Card in PDF format will be sent to the PAN applicant at the email ID mentioned in PAN application form. Physical PAN Card will not be dispatched in such cases.
In case of an applicant, being a company which has not been registered under the Companies Act, 2013, the application for allotment of a Permanent Account Number is to be made in Form No. SPICE-INC-32 specified under sub-section (1) of section 7 of the said Act for incorporation of the company. (Application for TAN is also to be made through SPICE-INC-32)
Note: w.e.f. 01-07-2017, every person who is eligible to obtain Aadhaar number shall quote either Aadhaar number or enrolment ID of Aadhaar application form in the PAN application form.
Q.10 How to link Aadhaar number with PAN using e-Filing portal?
Ans: Taxpayer is required to login on e-Filing portal using his registered username and password. After login, he will get the “link Aadhaar” option under his ‘Profile Settings’.
Aadhaar number will be linked with PAN if name and date of birth of taxpayer is identical to Aadhaar and PAN.
Q.11 How to link Aadhaar number with PAN using SMS facility?
Ans: Taxpayer who wants to link their Aadhaar number with PAN is required to send SMS to 567678 or 56161 in following format:
UIDPAN<space><12 digit Aadhaar><space><10 digit PAN>
Example of SMS to 567678 or 56161:
UIDPAN 111122223333 AAAPA9999Q
Aadhaar number will be linked with PAN if name and date of birth of taxpayer is identical to Aadhaar and PAN.
Q.12 How to link Aadhaar number with PAN?
Ans: Aadhaar number can be linked with PAN by any of the two ways:
1. Using SMS facility
2. Using facility on e-Filing portal https://incometaxindiaefiling.gov.in
Q.13 Are there any charges to be paid for obtaining the PAN?
Ans: The applicant has to pay a fee of Rs. 93 + GST as applicable, per PAN application. In case, the PAN card is to be dispatched outside India then the fee for processing PAN application is Rs. 864 (Rs. 93 application fees and Rs. 771 dispatch charges)/- will have to be paid by applicant.(plus GST as applicable).
Q.14 Is there any TATKAL facility for allotment of PAN?
Q.15 Can an application for PAN be made on plain paper?
Ans: Application for PAN cannot be made on plain paper. The application for PAN is to be made in the prescribed form i.e. Form No. 49A/Form No. 49AA as the case may be. Form No. 49A is to be used by Indian Citizen/Indian Companies/Entities incorporated in India/Unincorporated entities formed in India and Form No. 49AA is to be used by individual not being a citizen of India/Entities incorporated outside India/Unincorporated entities formed outside India).
In case of an applicant, being a company which has not been registered under the Companies Act, 2013, the application for allotment of a Permanent Account Number is to be made in SPICE-INC-32 specified under sub-section (1) of section 7 of the said Act for incorporation of the company.
Q.16 What if I submit incomplete PAN application i.e. Form 49A/49AA?
Ans: IT PAN Service Centers or TIN Facilitation Centers shall not receive any incomplete and deficient PAN application. However, these centers will assist applicants to correctly fill up form 49A/49AA (as the case may be).
Q.17 Is it necessary to fill the PAN application form i.e. Form 49A/49AA in block letters?
Ans: Yes, Form 49A/49AA (as the case may by) should be filled legibly in BLOCK LETTERS and preferably in black ink. It should also be noted that, each box, wherever provided, should contain only one character (alphabet /number / punctuation sign) leaving a blank box after each word.
Q.18 What documents and information have to be submitted along with the PAN application in Form 49A/49AA?
Ans: The documents required to be submitted with the PAN application are specified in Rule 114 of the Income-tax Rules. The details of the documents required are also provided in the application form. Individual applicants have to provide document pertaining to proof of identity, proof of address and proof of date of birth. The name of the applicant as mentioned in application form and the name appearing in the documents submitted along with the application should match exactly.
Individual applicants should affix two recent colour photographs with white background (size 3.5 cm x 2.5 cm) in the space provided on the form. The photographs should not be stapled or clipped to the form. The clarity of image on PAN card will depend on the quality and clarity of photograph affixed on the form.
Q.19 What documents will serve as proof of identity in case of individual/HUF (Hindu Undivided Family) applicants?
Ans: Any of the following document will serve as proof of identity in case of individual applicants being Indian citizens (including those located outside India) :
For HUF, an affidavit made by the Karta of Hindu Undivided Family stating name, father’s name and address of all the coparceners on the date of application and copy of any of the above documents in the name of Karta of HUF is required as proof of identity.
In case of Minor, any of the above mentioned documents of any of parents/guardians of such minor shall be deemed to be the relevant proof of identity for the minor applicant.
Q.20 What documents will serve as proof of address in case of individual/HUF applicants?
Ans: Copy of any of the following document will serve as proof of address in case of individual applicants being Indian citizens (including those located outside India) :
Note : In case of an Indian citizen residing outside India, copy of Bank Account Statement in country of residence or copy of Non-resident External (NRE) bank account statements (not more than three months old) shall be the proof of address.
For HUF, an affidavit made by the Karta of Hindu Undivided Family stating name, father’s name and address of all the coparceners on the date of application and copy of any of the above documents in the name of Karta of HUF is required as proof of address.
In case of Minor, any of the above mentioned documents of any of parents/guardians of such minor shall be deemed to be the relevant proof of address for the minor applicant.
Q.21 What documents will serve as proof of date of birth in case of individual applicants?
Ans: Copy of any of the following document will serve as proof of date of birth in case of individual applicants being Indian citizens (including those located outside India) :
Q.22 What documents are to be submitted in case of applicant other than individual/HUF?
Ans: In case of applicant other than individual/HUF, following documents are to be submitted along with the PAN application :
|Partnership Firm formed or registered in India||Copy of Certificate of Registration issued by the Registrar of Firms or Copy of partnership deed.|
|Limited Liability Partnership formed or registered in India||Copy of Certificate of Registration issued by the Registrar of LLPs|
|Association of Persons (Trust) formed or registered in India||Copy of trust deed or copy of certificate of registration number issued by Charity Commissioner.|
|Association of Person(other than trusts), Body of Individuals, Local Authority, or Artificial Juridical Person formed or registered in India||Copy of Agreement or copy of certificate of registration number issued by charity commissioner or registrar of cooperative society or any other competent authority or any other document originating from any Central or State Government Department establishing identity and address of such person.|
Q.23 What documents will serve as proof of identity in case of individuals not being a citizen of India?
Ans: Copy of following will serve as proof of identity in case of individuals not being a citizen of India :
Q.24 What documents will serve as proof of address in case of individuals not being a citizen of India?
Ans: Copy of following will serve as proof of address in case of individuals not being a citizen of India
Q.25 Is it mandatory to provide the Assessing Officer Code in Form 49A/49AA?
Ans: Yes, it mandatory to provide the Assessing Officer (AO) Code in Form 49A/49AA. AO Code (i.e. Area Code, AO Type, Range Code and AO Number) of the Jurisdictional Assessing Officer must be filled up by the applicant. These details can be obtained from the Income Tax Office or PAN Centre or websites of PAN service providers on www.utiitsl.com or www.tin-nsdl.com.
Q.26 Should married female provide father’s name?
Ans: While providing the full name, applicant should provide father’s name and hence, married female should provide father’s name and not husband’s name.
Q.27 Who can apply on behalf of non-resident, minor, lunatic, idiot, and court of wards?
Ans: Section 160 of Income-tax Act, 1961 provides that a non-resident, minor, lunatic, idiot, mentally retarded, deceased, wards of court and such other persons may be represented through a Representative Assessee.
In such cases,
Proof of Identity and Proof of address is also required for representative assessee.
Q.28 Who has to sign the PAN application i.e. Form 49A/49AA?
Ans: Application in Form 49A/49AA must be signed (left thumb impression in case of persons unable to sing) by :
Representative Assessee in case of Minor/deceased/idiot/lunatic/mentally retarded.
Q.29 How to sign the PAN application i.e. Form 49A/49AA?
Ans: The applicant has to provide signature at three places in form 49A/49AA. If the applicant cannot sign, then the Left Hand Thumb impression of the applicant should be affixed at the place meant for signatures and should be attested by a Magistrate or a Notary Public or a Gazetted Officer, under official seal and stamp. Three signature/thumb impressing are to be provided as follows:
Applications not signed in the given manner and in the space provided for signature are liable to be rejected.
Q.30 After making the PAN application how can I check the status of my PAN application?
Ans: After applying for PAN, one can check the status of his application by using the track status facility available at web sites of Income Tax Department or UTIITSL or NSDL i.e. www.incometaxindia.gov.in or www.utiitsl.com and www.tin-nsdl.com .
Q.31 Is it mandatory to file return of income after getting PAN?
Ans: Return is to be filed only if you are liable to file return of income under section 139.
It is not mandatory to file return of income after getting PAN.
Q.32 Should I intimate my PAN to deductor i.e. person deducting tax?
Ans: Yes, you should intimate your PAN to the deductor i.e. person deducting tax. From 1st April, 2010, non-furnishing of PAN to deductors results in TDS at much higher rate of 20% or even more.
Q.33 If my PAN card is lost then what to do?
Ans: If the PAN card is lost or you wish to have a new PAN card with existing details, then you can apply for duplicate PAN card by submitting the Form for “Request for New PAN Card or/ and Changes or Correction in PAN Data” and a copy of FIR may be submitted along with the form.
If the PAN card is lost and you don’t remember your PAN, then in such a case, you can know you PAN by using the facility of “Know Your PAN” provided by the Income Tax Department. This facility can be availed of from the website of Income Tax Department – www.incometaxindiaefiling.gov.in
You can know your PAN online by providing the core details like Name, Father’s Name and Date of Birth.
After knowing the PAN you can apply for duplicate PAN card by submitting the “Request For New PAN Card Or/ And Changes Or Correction in PAN Data”.
Applicant is required to fill all the columns in the form but should not tick any of the boxes on the left margin.
Q.34 What is the validity of PAN?
Ans: PAN obtained once is valid for life-time of the PAN-holder throughout India. It is not affected by change of address or change of Assessing Officer etc. However, any change in the PAN database (i.e. details provided at the time of obtaining PAN) should be intimated to the Income Tax Department by furnishing the details in the form for “Request For New PAN Card Or/ And Changes or Correction in PAN Data”.
Q.35 How to Apply for PAN Correction ?
Ans: Any change in the PAN database (i.e. details provided at the time of obtaining PAN) should be intimated to the Income-tax Department by furnishing the details in the form for “Request For New PAN Card Or/ And Changes or Correction in PAN Data”.
PAN correction can be done both online or offline mode.
For offline mode, you are required to submit the “Request For New PAN Card Or/ And Changes or Correction in PAN Data” form at the nearest PAN facilitation centre.
Request For New PAN Card Or/ And Changes or Correction in PAN Data
> Online through NSDL https://www.onlineservices.nsdl.com/paam/endUserRegisterContact.html
> Online through UTIITSL https://www.myutiitsl.com/PAN_ONLINE/CSFPANApp
> Download PDF https://www.utiitsl.com/UTIITSL_SITE/forms/CSF_Form_Updated.pdf
Q.36 What is the penalty for not complying with the provisions relating to PAN?
Ans: Section 272B provides for penalty in case of default by the taxpayer in complying with the provisions relating to PAN, i.e., not obtaining PAN, even though he is liable to obtain PAN or knowingly quoting incorrect PAN in any prescribed document in which PAN is to be quoted or intimating incorrect PAN to the person deducing tax or person collecting tax. Penalty of Rs. 10,000 under section 272B can be levied for failure to comply with the provisions of section 139A and penalty of Rs. 10000 per default shall be levied for failure to Quote or to Quote invalid PAN.
Q.37 Can a person hold more than one PAN?
Ans: A person cannot hold more than one PAN. If a PAN is allotted to a person, then he cannot apply for obtaining another PAN. A penalty of Rs. 10,000/- is liable to be imposed under Section 272B of the Income-tax Act, 1961 for having more than one PAN.
If a person has been allotted more than one PAN then he should immediately surrender the additional PAN card(s).
Q.38 By mistake I have been using different PANs for different purposes like one for my demat account and another for filing my Income-tax return and payment of taxes. How do I set this right?
Ans: It is advisable to retain only one PAN, preferably the one used for Income-tax purpose and surrender the other number immediately. The institutions where the latter number has been quoted should be informed of the correct PAN.
Q.39 Whom to contact in case of any matter relating to PAN?
Ans: In case of PAN card is not received , contact NSDL.
The Income Tax Department or NSDL can be contacted in any of the following means
|Mode||Income Tax Department||NSDL|
|SMS||SMS NSDLPAN <space> Acknowledgement No. & send to
57575 to obtain application status.
|Address||Tin Call Center 4th Floor, Mantri Sterling, Plot No. 341, Survey
No. 997/8, Model Colony, Near Deep Bunglow Chowk, Pune – 411 016.
Q.40 How to get area code for my area for allotment of PAN?
Ans: It is mandatory to provide the AO Code while applying for PAN and TAN. AO Code (i.e., Area Code, AO Type, Range Code and AO Number) of the Jurisdictional Assessing Officer must be filled up by the applicant. These details can be obtained from following links :
Click on above link for AO Code of PAN.
Click on above link for AO Code of TAN.
Q.41 What is E-PAN?
Ans: E-PAN is the PAN provided in PDF format rather than physical card. The E-PAN card in PDF format will be sent to e-mail ID mentioned in PAN application form. If the physical PAN Card is not required, then PAN applicant will have to indicate at the time of submission of PAN application. In such cases, Email ID will be mandatory & E-PAN Card will be sent to the PAN applicant at the email ID. Physical PAN Card will not be dispatched in such cases. Charges for E-PAN card is different from physical PAN card.
Q.42 What is PAN verification?| How can I verify the PAN? |From where a deductor can verify the PAN ?
Ans: This functionality helps deductor in verifying whether the PAN provided by the deductee (Tax Payer) is valid as per Income Tax Department database.
Alternatively PAN verification can be done from TRACES.
Q.43 What are Consequences for not linking PAN with Aadhaar Number
Ans: The Central Board of Direct Taxes has notified Rule 114AAA prescribing the manner and consequences if PAN becomes inoperative. The Rule 114AAA(2) provides that where a person, whose PAN has become inoperative, it shall be deemed that he has not furnished, intimated or quoted the PAN, as the case may be, and he shall be liable for all the consequences under the Act for not furnishing, intimating or quoting the PAN.
However, the person can reactivate his PAN by subsequently intimating his Aadhaar to the Department.
Q.44 What is Instant-PAN?
Ans: E Income-tax Dept. has launched a new functionality on the e-filing portal which allots a PAN to the assessee on basis of his Aadhaar Number.
This facility can be used by an assessee only if the following conditions are fulfilled:
1. He has never been allotted a PAN;
2. His mobile number is linked with his Aadhaar number;
3. His complete date of birth is available on the Aadhaar card; and
4. He should not be a minor on the date of application for PAN
Q.45 How to get instant PAN using this functionality?
Ans: 1. Go to https://www.incometaxindiaefiling.gov.in/home and click on the link ‘Instant PAN’ through Aadhaar’ given on the right hand side
2. Click on ‘Get New PAN’
3. Enter the Aadhaar No. of the Applicant
4. Enter the OTP received on the mobile number linked with the Aadhaar No.
5. Validate the Aadhaar Details
6. Validate Email-id
7. Download the e-PAN
(Republished with Amendments)