Penalty for Failure to Apply for PAN Number, Not giving PAN Number or Holding Multiple PAN

Penalty for not Applying for Permanent Account Number (PAN Number) or Penalty for not quoting PAN Number in Financial Transaction or Penalty for not giving PAN Number to Income Tax Department or Penalty for not giving PAN in TDS return or to TDS Deductor or Penalty for double applying for PAN card .i.e already holding PAN Number.  Section 272B of the Income Tax deals with penalty related to PAN Numbers misuses.

Failure to comply with provisions of 139A:

Where a person fails to comply with the provisions of Permanent Account number under sec 139A, the Assessing officer may impose a penalty of Rs. 10,000 on him for such failure. Where a person who is required to quote or intimate his PAN which he either knows or believes to be false or does not believe to be true, the Assessing officer may impose a penalty of Rs. 10000 on him. However no penalty can be imposed under sec 272B without giving an opportunity of being heard to such person.

What does 139A relate to?

Sec 139A – Necessity to have Permanent Account Number (PAN)

It is statutory obligation to obtain PAN as it is required to be quoted in tax documents and certain financial transactions such as:

• Person deducting Tax at Source to quote PAN of the payer
• Person whose total income is above taxable limit
• Person required to furnish a return of income under sub-section (4A) of section 139 .i.e. Person assessed as representative assessee for income derived from property held under trust or other legal obligation wholly for charitable or religious purposes
• Receiving any income subject to TDS
• Any person carrying on business whose gross proceeds or Sales exceeds Rupees five lakhs, etc

Surrender/Cancel Additional or Multiple PAN Number Online : Person can surrender multiple PAN card through online portal of income tax department

LEARN HOW TO LINK YOUR PAN NUMBER WITH AADHAR NUMBER AS NOW ITS COMPULSORY TO LINK PAN WITH AADHAAR

Reference: Section 272B, 139A of Income tax act, 1961

Penalty for failure to comply with the provisions of section 139A under sec 272B

(1) If a person fails to comply with the provisions of section 139A, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of ten thousand rupees.

(2) If a person who is required to quote his permanent account number in any document referred to in clause (c) of sub-section (5) of section 139A, or to intimate such number as required by sub-section (5A)  [or sub-section (5C)] of that section, quotes or intimates a number which is false, and which he either knows or believes to be false or does not believe to be true, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of ten thousand rupees.

(3) No order under sub-section (1) or sub-section (2) shall be passed unless the person, on whom the penalty is proposed to be imposed, is given an opportunity of being heard in the matter.]

Section 139A of the Income Tax Act : Necessity to have PAN:

(1) Every person,—

(i)  if his total income or the total income of any other person in respect of which he is assessable under this Act during any previous year exceeded the maximum amount which is not chargeable to income-tax; or

(ii)  carrying on any business or profession whose total sales, turnover or gross receipts are or is likely to exceed five lakh rupees in any previous year; or

(iii)  Who is required to furnish a return of income under sub-section (4A) of section 139; or

(iv) being an employer, who is required to furnish a return of fringe benefits under section 115WD,

and who has not been allotted a permanent account number shall, within such time, as may be prescribed, apply to the Assessing Officer for the allotment of a permanent account number.

(1A) Notwithstanding anything contained in sub-section (1), the Central Government may, by notification in the Official Gazette, specify, any class or classes of persons by whom tax is payable under this Act or any tax or duty is payable under any other law for the time being in force including importers and exporters whether any tax is payable by them or not and such persons shall, within such time as mentioned in that notification, apply to the Assessing Officer for the allotment of a permanent account number.

(1B) Notwithstanding anything contained in sub-section (1), the Central Government may, for the purpose of collecting any information which may be useful for or relevant to the purposes of this Act, by notification in the Official Gazette, specify, any class or classes of persons who shall apply to the Assessing Officer for the allotment of the permanent account number and such persons shall, within such time as mentioned in that notification, apply to the Assessing Officer for the allotment of a permanent account number.

(2) The Assessing Officer, having regard to the nature of the transactions as may be prescribed, may also allot a permanent account number, to any other person (whether any tax is payable by him or not), in the manner and in accordance with the procedure as may be prescribed.

(3) Any person, not falling under sub-section (1) or sub-section (2), may apply to the Assessing Officer for the allotment of a permanent account number and, thereupon, the Assessing Officer shall allot a permanent account number to such person forthwith.

(4) For the purpose of allotment of permanent account numbers under the new series, the Board may, by notification in the Official Gazette, specify the date from which the persons referred to in sub-sections (1) and (2) and other persons who have been allotted permanent account numbers and residing in a place to be specified in such notification, shall, within such time as may be specified, apply to the Assessing Officer for the allotment of a permanent account number under the new series and upon allotment of such permanent account number to a person, the permanent account number, if any, allotted to him earlier shall cease to have effect :

Provided that the persons to whom permanent account number under the new series has already been allotted shall not apply for such number again.

(5) Every person shall—

(a)  quote such number in all his returns to, or correspondence with, any income-tax authority;

(b)  quote such number in all challans for the payment of any sum due under this Act;

(c)  quote such number in all documents pertaining to such transactions as may be prescribed by the Board in the interests of the revenue, and entered into by him:

Provided that the Board may prescribe different dates for different transactions or class of transactions or for different class of persons:

Provided further that a person shall quote General Index Register Number till such time Permanent Account Number is allotted to such person;]

(d)  Intimate the Assessing Officer any change in his address or in the name and nature of his business on the basis of which the permanent account number was allotted to him.

(5A) Every person receiving any sum or income or amount from which tax has been deducted under the provisions of Chapter XVIIB, shall intimate his permanent account number to the person responsible for deducting such tax under that Chapter:

Provided further that a person referred to in this sub-section shall intimate the General Index Register Number till such time permanent account number is allotted to such person.

(5B) where any sum or income or amount has been paid after deducting tax under Chapter XVIIB, every person deducting tax under that Chapter shall quote the permanent account number of the person to whom such sum or income or amount has been paid by him—

(i)  in the statement furnished in accordance with the provisions of sub-section (2C) of section 192;

(ii)  in all certificates furnished in accordance with the provisions of section 203;

(iii)  in all returns prepared and delivered or caused to be delivered in accordance with the provisions of section 206 to any income-tax authority;

(iv)  in all  statements prepared and delivered or caused to be delivered in accordance with the provisions of sub-section (3) of section 200:

Provided that the Central Government may, by notificationin the Official Gazette, specify different dates from which the provisions of this sub-section shall apply in respect of any class or classes of persons:

Provided further that nothing contained in sub-sections (5A) and (5B) shall apply in case of a person whose total income is not chargeable to income-tax or who is not required to obtain permanent account number under any provision of this Act if such person furnishes to the person responsible for deducting tax, a declaration referred to in section 197A in the form and manner prescribed thereunder to the effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil.

(5C) Every buyer [or licensee or lessee] referred to in section 206C shall intimate his permanent account number to the  [person responsible for collecting tax] referred to in that section.

(5D) Every person collecting tax in accordance with the provisions of section 206C shall quote the permanent account number of every buyer  [or licensee or lessee] referred to in that section—

(i)  in all certificates furnished in accordance with the provisions of sub-section (5) of section 206C;

(ii) in all returns prepared and delivered or caused to be delivered in accordance with the provisions of sub-section (5A) or sub-section (5B) of section 206C to an income-tax authority;]

(iii) in all statements prepared and delivered or caused to be delivered in accordance with the provisions of sub-section (3) of section 206C.

(6) Every person receiving any document relating to a transaction prescribed under clause (c) of sub-section (5) shall ensure that the Permanent Account Number [or the General Index Register Number] has been duly quoted in the document.

(7) No person who has already been allotted a permanent account number under the new series shall apply, obtain or possess another permanent account number.

[Explanation.—For the removal of doubts, it is hereby declared that any person, who has been allotted a permanent account number under any clause other than clause (iv) of sub-section (1), shall not be required to obtain another permanent account number and the permanent account number already allotted to him shall be deemed to be the permanent account number in relation to fringe benefit tax.]

(8) The Board may make rules providing for—

(a)  the form and the manner in which an application may be made for the allotment of a permanent account number and the particulars which such application shall contain;

(b)  the categories of transactions in relation to which Permanent Account Numbers  [or the General Index Register Number] shall be quoted by every person in the documents pertaining to such transactions;

(c)  the categories of documents pertaining to business or profession in which such numbers shall be quoted by every person;

(d) class or classes of persons to whom the provisions of this section shall not apply;

(e)  the form and the manner in which the person who has not been allotted a Permanent Account Number or who does not have General Index Register Number shall make his declaration;

(f)  the manner in which the Permanent Account Number or the General Index Register Number shall be quoted in respect of the categories of transactions referred to in clause (c)

(g)  the time and the manner in which the transactions referred to in clause (c) shall be intimated to the prescribed authority.

Explanation.—For the purposes of this section,—

(a)  “Assessing Officer” includes an income-tax authority who is assigned the duty of allotting permanent account numbers;

(b)  “Permanent account number” means a number which the Assessing Officer may allot to any person for the purpose of identification and includes a permanent account number allotted under the new series;

(c) ”permanent account number under the new series” means a permanent account number having ten alphanumeric characters and issued in the form of a laminated card;

(d) “General Index Register Number” means a number given by an Assessing Officer to an assessee in the General Index Register maintained by him and containing the designation and particulars of the ward or circle or range of the Assessing Officer.