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July 18, 2011

Quoting of PAN required


As per Section 139 (5) of Income Tax Act, 1961 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.

As per Rule 114 B
[All documents pertaining to the transactions in relation to which permanent account number [***] to be quoted for the purpose of clause (c) of sub-section (5) of section 139A.
114B. Every person shall quote his permanent account number  [***] in all documents pertaining to the transactions specified below, namely :—
          (a)  sale or purchase of any immovable property valued at five lakh rupees or more;
          (b)  sale or purchase of a motor vehicle or vehicle, as defined in clause (28) of section 2 of the Motor Vehicles Act, 1988  (59 of 1988), which requires registration by a registering authority under Chapter IV of that Act :
                [Provided that for the purposes of this clause, the sale or purchase of a motor vehicle or vehicle does not include two wheeled vehicles, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle;]
          (c)  a time deposit, exceeding fifty thousand rupees, with a banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act);
          (d)  a deposit, exceeding fifty thousand rupees, in any account with Post Office Savings Bank;
          (e)  a contract of a value exceeding  [one] lakh rupees for sale or purchase of securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956  (42 of 1956);
           (f)  opening an account  [not being a time-deposit referred to in clause (c)] with a banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act);
          (g)  making an application for installation of a telephone connection (including a cellular telephone connection);
          (h)  payment to hotels and restaurants against their bills for an amount exceeding twenty-five thousand rupees at any one time ;
           (i)  payment in cash for purchase of bank drafts or pay orders or banker’s cheques from a banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act) for an amount aggregating fifty thousand rupees or more during any one day;
           (j)  deposit in cash aggregating fifty thousand rupees or more, with a banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act) during any one day;
(k) payment in cash in connection with travel to any foreign country of an amount exceeding twenty-five thousand rupees at any one time.
                Explanation.—For the purposes of this clause,—
      (a)  “payment in cash in connection with travel” includes payment in cash towards fare, or to a travel agent or a tour operator [, or to an authorized person as defined in clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999)], or for the purchase of foreign currency;
          (b)  the expression “travel to any foreign country” does not include travel to the neighbouring countries or to such places of pilgrimage as may be specified by the Board under Explanation 3 of sub-section (1) of section 139  ;]
           [(l)  making an application to any banking company to which the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that Act) or to any other company or institution, for issue of a credit [or debit]card;
         (m)  payment of an amount of fifty thousand rupees or more to a Mutual Fund for purchase of its units;
          (n)  payment of an amount of fifty thousand rupees or more to a company for acquiring shares issued by it;
          (o)  payment of an amount of fifty thousand rupees or more to a company or an institution for acquiring debentures or bonds issued by it;
          (p)  payment of an amount of fifty thousand rupees or more to the Reserve Bank of India, constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934) for acquiring bonds issued by it;]
[(q)  payment of an amount aggregating fifty thousand rupees or more in a year as life insurance premium to an insurer as defined in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938);
  (r)  payment to a dealer,—
  (i)  of an amount of five lakh rupees or more at any one time; or
 (ii)  against a bill for an amount of five lakh rupees or more,
     for purchase of bullion or jewellery:]
[Provided that where a person, making an application for opening an account referred to in clause (c) and clause (f) of this rule, is a minor and who does not have any income chargeable to income-tax, he shall quote the permanent account number of his father or mother or guardian, as the case may be, in the document pertaining to the transaction referred to in said clause (c) and clause (f):
Provided further that any person who does not have a permanent account number and who enters into any transaction specified in this rule shall make a declaration in Form No. 60 giving therein the particulars of such transaction.]

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