Tuesday, 28 January 2025

MULTIPLE PERMANENT ACCOUNT NUMBER (PAN) CARD ISSUE: PROBLEMS AND HOW TO SOLVE?

INTRODUCTION:

A PAN is a ten-digit alphanumeric number issued as a laminated PAN card by the Income Tax Department. It is an identifier of the “person” with the tax department. It facilitates linking various documents, such as payment of taxes, tax arrears, tax demand, etc., to an assessee. Having multiple PAN cards is against the law and is liable to penalty. Also, it will confuse financial transactions. This article explains the consequences of having an additional card and how to resolve multiple PAN card issues.  

WHY DO PEOPLE END UP HAVING MULTIPLE PAN:

Not everyone who has dual or multiple PAN cards has malicious intent. Sometimes, people obtain additional PAN cards accidentally. However, they are responsible for returning it since it leads to legal complications. Below, we have provided common cases of people having additional PAN cards.

• Multiple applications: Applying for a PAN card multiple times is the main reason people have more than one card. Most people apply one more time when they don’t receive their PAN card at the stipulated time they have already applied. As a result, they will get an additional PAN card.  An applicant needs to be patient in this case instead of reapplying. 

• Changing the details: An individual who wants to change the address or name on the card will apply for a new one. For example, if a woman intends to change her surname after marriage, it will lead to an application for a new PAN card. It is advisable to make the changes in the existing PAN card through the website or offline. 

• Malicious Intent: An individual or entity could apply for a new PAN card intentionally to cheat the government for tax evasion. Misusing the PAN card for personal advantages can lead to penalties and punishable acts.

• Ignorance of NRI’s: People sometimes end up with more than one PAN card because, in many cases, Non-Resident Indians (NRIs) visiting the country apply for PAN cards multiple times. This happens because there is a limit on the maximum transaction allowed without a PAN card. NRIs are compelled to obtain a PAN card for transactions beyond this limit. When NRIs return to the country after a considerable period, they often reapply for a PAN card, leading to the accumulation of multiple PAN cards.

PENALTIES:

Section 139A of the Income Tax Act states that a taxpayer should have only one PAN card. Possessing more than one PAN is illegal and can result in a penalty. Section 272B of the IT Act imposes a fine of Rs. 10,000 for having multiple PANs, decided by the Assessing Officer. Defaulters have the opportunity to explain themselves, and this section also applies when providing false PAN information. To deter the ownership of multiple PANs, the government enforces strict regulations and imposes a Rs. 10,000 fine under Section 272B of the Income Tax Act.

CONSEQUENCES:

• Risk of Legal Action: Individuals or entities found using multiple PANs to evade taxes can face legal consequences under income tax laws, in addition to fines. This prosecution clause serves as a warning to those attempting to save money through tax evasion, as it may lead to severe punishment.

• Financial Process Complications: Owning more than one PAN card can complicate one’s financial processes. Since the PAN card is essential for tasks like filing income tax returns and opening bank accounts, having multiple PANs can create issues for applicants, causing disruptions in their financial activities.

• Negative Impact on Credit Profile: Possessing multiple PAN cards can negatively affect one’s credit profile. Banks view individuals with multiple PANs as potential fraudsters, making them hesitant to approve loans. Financial institutions doubt their ability and intention to repay loans, often resulting in blacklisting and significant credit problems, even with a good CIBIL score.

SURRENDER A DUPLICATE PAN ONLINE:

The steps to return the Duplicate Online. Ensure you’re surrendering the additional PAN Number, it prone to violation of law.

Step 1: Visit the official website of NSDL (National Securities Depositories Limited).

Step 2: Select the PAN correction option from the ‘Application Type’ drop-down menu.

Step 3: Fill in personal details, including full name, date of birth, mobile number, email, and PAN.

Step 4: After submission, receive a new token number via email. Use this and your date of birth to log in and complete the application.

Step 5: Click on the ‘Submit scanned images through e-Sign’ checkbox and enter the PAN you want to retain.

Step 6: Fill out the remaining personal details, including selecting the additional PAN to surrender.

Step 7: Choose and upload documents as proof of identity, address, and date of birth.

Step 8: Preview the application, click ‘Verify,’ and proceed to make the payment. Receive an acknowledgement for future reference.

HOW TO RETURN AN ADDITIONAL PAN OFFLINE:

If you’re uncomfortable with the online process, surrender it offline. The following steps can help you to know how to do that. 

Step 1: Fill out the PAN change request application form mentioning the PAN number to be surrendered and submit it to the nearest UTI or NSDL TIN facilitation centre.

Step 2: Write a letter to the Assessing Officer with personal details, PAN card numbers, and details of the duplicate PAN card being surrendered.

Step 3: Enclose a copy of the duplicate PAN to be surrendered along with the acknowledgement from the NSDL TIN facilitation centre.

HOW TO CHANGE/UPDATE DETAILS IN THE PAN:

Apply for a new PAN to update or correct the details. If you fall into this category, understand that updating your details on the existing PAN is possible. Use the steps below to change the details in your current PAN card rather than reapplying. 

Step 1: Visit the official NSDL website to initiate the PAN correction process. NSDL is an authorized entity for PAN issuance and correction.

Step 2: Select the ‘PAN Services’ section on the website and click ‘Apply’ under ‘Changes or Correction in PAN Data.’

Step 3: Complete the PAN correction form with accurate details, including your PAN number and the corrections you want to make.

Step 4: Submit supporting documents such as a marriage certificate or gazette notification for a name change, depending on the required correction.

Step 5: Pay the fee for PAN correction by using online methods like credit/debit cards, net banking, or demand drafts.

Step 6: Use the Aadhaar OTP to authenticate your details during correction.

Step 7: After completion, you will receive an acknowledgement receipt with a 15-digit number. Use this number to track your PAN correction application on the NSDL website.

CONCLUSION:

As already mentioned, having multiple PAN cards is legally wrong. It does not matter whether you get that intentionally or accidentally; you must return the additional one. Otherwise, it leads to legal complications and financial confusion. We have covered the consequences and how to surrender the additional PAN card online and offline. If you want to change the details in the paragraph, you don’t need to apply for a new one, instead use the steps mentioned in this article to update the appropriate details.

Note: This article is write for general informational purposes only. It is not intended to serve as a recommendation, consultation, or advice.

Sunday, 26 January 2025

AGRICULTURAL INCOME TAXATION IN INDIA

A Comprehensive Overview

Agriculture remains the backbone of India's economy, serving as the primary source of livelihood for a significant portion of the rural population. Beyond sustaining millions of families, it also fulfills the nation’s essential food requirements. To support this critical sector, the government has implemented various policies, schemes, and incentives, including tax exemptions on agricultural income.

While the tax exemption on agricultural income is a well-known aspect, the broader framework of agricultural income taxation involves several nuances. This article provides a detailed exploration of the legal provisions governing agricultural income tax in India.

 

Defining Agricultural Income

Under the Income-tax Act, agricultural income is classified into three main categories:

1. Rent or Revenue from Agricultural Land

Rent refers to the payment received for granting the right to use agricultural land. This also includes other sources of income related to the land, such as fees for lease renewals. However, income generated from the sale of agricultural land does not fall within the definition of agricultural income.

2. Income from Agricultural Land

Although the Act does not explicitly define "agriculture," the Supreme Court in the case of CIT v. Raja Benoy Kumar Sahas Roy identified two types of operations:

  • Basic Operations: These involve direct activities on the land, such as cultivation, tilling, sowing, and planting.
  • Subsequent Operations: These include processes like preservation, enhancement, and making the produce market-ready.

Even saplings or seedlings from nurseries qualify as agricultural income, even if they are grown without direct land operations. Additionally, income from processes that make agricultural produce marketable (e.g., processing tea, coffee, or rubber) is partly considered agricultural income, with prescribed rules distinguishing the agricultural and non-agricultural components.

3. Income from Farm Buildings

For income from farm buildings to qualify as agricultural income, two conditions must be met:

  • The building must be located near agricultural land.
  • The land must either be assessed for revenue by the government or situated outside a specific distance from municipalities, depending on population thresholds.

 

Tax Implications and Partial Integration

While agricultural income is generally exempt from income tax, the system of partial integration ensures indirect taxation of non-agricultural income at higher rates. This applies to individuals, Hindu Undivided Families (HUFs), Associations of Persons (AOPs), Bodies of Individuals (BOIs), and artificial juridical persons if:

  • Net agricultural income exceeds ₹5,000.
  • Non-agricultural income surpasses the basic exemption limit under the Income-tax Act.

 

ITR Filing and Tax Benefits

  • Agricultural income up to ₹5,000 can be reported using ITR-1 (Sahaj). For income exceeding ₹5,000, taxpayers must use ITR-2.
  • Section 54B provides relief on capital gains arising from the sale of agricultural land if the proceeds are used to acquire new agricultural land within two years. Eligible taxpayers include individuals and HUFs, provided the land was used for agricultural purposes prior to the sale.

 

Union Budget Highlights

The Union Budget 2023-24 earmarked significant funds for the Ministry of Agriculture and Farmers Welfare. Notably, it announced the establishment of an Agriculture Accelerator Fund to support innovation and rural startups, aimed at driving growth and sustainability in the sector.

 

Conclusion

Agricultural income taxation in India reflects the government’s commitment to supporting the agriculture sector while balancing revenue considerations. Although agricultural income enjoys a tax-exempt status, related provisions such as partial integration and specific tax benefits ensure fairness and compliance. Understanding these nuances is essential for individuals and entities engaged in agricultural activities to fully leverage available exemptions and incentives.

  

Saturday, 25 January 2025

Central Government Waives Excess Late Fees for Non-Filing of FORM GSTR-9C for FY 2017-18 to 2022-23, Subject to Submission by March 31, 2025

 GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS

Notification No. 08/2025 - Central Tax

New Delhi, the 23rd January, 2025

S.O. 419(E).— In exercise of the powers conferred by section 128 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said Act), the Central Government, on the recommendations of the Council, hereby waives the amount of late fee referred to in section 47 of the said Act in respect of the return to be furnished under section 44 of the said Act, for the financial years 2017-18 or 2018-19 or 2019-20 or 2020-21 or 2021-22 or 2022-23, which is in excess of the late fee payable under section 47 of the said Act upto the date of furnishing of FORM GSTR-9 for the said financial year, for the class of registered persons, who were required to furnish reconciliation statement in FORM GSTR-9C along with the annual return in FORM GSTR-9 for the said financial year but failed to furnish the same along with the said return in FORM GSTR-9, and furnish the said statement in FORM GSTR-9C, subsequently on or before the 31st March, 2025:

Provided that no refund of late fee already paid in respect of delayed furnishing of FORM GSTR-9C for the said financial years shall be available.

[F. No. CBIC-20001/15/2024-GST]

RAUSHAN KUMAR, Under Secy.

MANOJ KUMAAR BHAGAT: A Very Very Happy 76th Republic Day

MANOJ KUMAAR BHAGAT: A Very Very Happy 76th Republic Day:   On this special day, let's celebrate the spirit of unity, diversity, and freedom that defines our great nation.  A thousand salutes to...

A Very Very Happy 76th Republic Day

 

On this special day, let's celebrate the spirit of unity, diversity, and freedom that defines our great nation. 
A thousand salutes to this amazing nation of ours. May it become even more prosperous. Happy Republic Day !!! 🇮🇳🇮🇳🇮🇳

Best Regards,
Manoj Kumaar Bhagat