Millennium Post

PAN holders could be fined `10,000 for not linking it with Aadhaar

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NEW DELHI: If you fail to link your PAN card with Aadhaar card within the deadline of March 31, then the income tax department might impose a penalty of ₹10,000 on you for using an inoperativ­e Permanent Account Number. The income tax department had earlier announced that all unlinked PAN cards will be declared as “inoperativ­e” and now it has issued a new notificati­on saying that such PAN card holders shall face consequenc­es under the Income Tax Act for not furnishing PAN.

“Typically, when a PAN becomes inoperativ­e, it will be assumed that PAN has not been furnished/quoted as required by the law and a penalty of ₹10,000 may apply as per Section 272B of the Income Tax Act,” Bankbazaar CEO Adhil Shetty said.

At the face of it, using PAN card as an ID proof for nontax related purposes like opening a bank account or applying for a driving licence should not attract a penalty.

However, there can be complicati­ons if the bank account opened using an inoperativ­e PAN has transactio­ns that bring it under the purview of income tax. For instance, if you deposit or withdraw cash above ₹50,000 PAN card is required.

Nangia Andersen Consulting's associate director Mridhu Malhotra said considerin­g the penalty provisions under Section 272B and the recent notificati­on it can be construed that an inoperativ­e PAN will tantamount to nonfurnish­ing and non-quoting of PAN which is mandatory as per section 139A of the Act. Section 272B(1) imposes a penalty of ₹10,000 for non-compliance.

“In addition, in case of specified transactio­ns the penalty would be imposed for each such default i.e. for every single non-compliance for the specified transactio­n the assessee will have to pay the penalty,” Malhotra said.

However, once you link your PAN and Aadhaar, the PAN becomes operative, and no penalties shall be applicable post the date of linking. Those with inoperativ­e PAN cards must remember that they need not reapply for a new PAN card as once the linking is done, PAN card becomes valid once again.

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