Permanent Account Number (PAN)

Income Tax

Permanent Account Number (PAN) is a ten-digit alphanumeric number, issued in the form of a laminated card, by the Income Tax Department, to any “person” who applies for it or to whom the department allots the number without an application.

Applicable Section: 139A of Income Tax Act, 1961

Applicable Rule: 114 of Income Tax Act, 1961

Summary:

1) Every person –

  • If his total income or income of any other person in respect of which he is assessable under the Act exceeds the maximum amount not chargeable to tax
  • Carrying on any business/profession whose total sales/turnover/gross receipts exceeds Rs. 5 Lakh in any P.Y.
  • Required to furnish return of income u/s 139(4A)
  • Being an employer is required to furnish return of fringe benefits u/s 115WD
  • Being resident other than individual enters into a transaction of Rs. 2,50,000 or more in a F.Y.
  • Who is MD, director, partner, trustee, author, founder, karta, CEO, Principal Officer, office bearer of a person refered to in (v) or any other person on his behalf
  • Any person who enters into any transaction as prescribed by the Board

who has not been allotted PAN should apply for its allotment.

2) Central Government may by notification in the Official Gazette specify any class/classes of person by whom tax/duty is payable under the Act/any other law including importers/exporters irrespective of tax being payable or not and such person shall apply for PAN within the time specified in the notification

3) Central Government may by notification in the Official Gazette specify any class/classes of person for making an application for allotment of PAN for purpose of collecting information

4) Assessing officer may having regard to the nature of transaction also allot PAN

5) Any other person who does not fall into the criteria’s mentioned above can also apply for PAN

6) For allotment of PAN, an application to be made in Form 49A/49AA as the case may be in the following manner:

  • In case where the total income of the person or any other person for which he is assessable under the Act exceeds the maximum amount not chargeable to tax and he does not have a PAN – By 31st May of the A.Y. for which his income is assessable
  • In case of person not falling in a) above , but carrying on business /profession , total sales/gross receipts/turnover of which is likely to exceed Rs 5 Lacs in any F.Y. & who does not have a PAN – Before the end of that F.Y.
  • In case of a person who is required to furnish return u/s 139(4A) & who does not have a PAN – Before the end of F.Y.
  • In case of any other person who is entitled to receive any sum on which tax is deductible under Chapter XVII -B in any F.Y. – Before the end of F.Y.
  • In case of a person who is resident other than individual and enters into a transaction of Rs. 2,50,000 or more in a F.Y. – By 31st May immediately following the F.Y.
  • In case of a person who is MD, director, partner, trustee, author, founder, karta, CEO, Principal Officer, office bearer of a person refered to in (e) or any other person on his behalf – By 31 May immediately following the financial year in which the person referred to in clause (v) enters into financial transaction specified therein.
  • In case of any person who enters into any transaction as prescribed by the Board u/s 139A(1)(vii), at least seven days before the date on which he intends to enter into the said transaction.

7) Any person who has not been allotted PAN but possesses Aadhaar number and has quoted such number under Section 139A(5E) shall be deemed to have applied for PAN and is not required to submit any documents under this Rule.

8) Also any person who has not been allotted PAN but possesses Aadhaar number may apply for allotment of PAN u/s 139A(1), 139(1A), 139(3) by intimating his Aadhaar number and would not be required to submit any documents under this Rule.

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