Rule – 113, Disclosure of information respecting assessees

March 29, 2018

Rule – 114A, Application for allotment of a tax deduction and collection account number

March 29, 2018

Rule – 114, Application for allotment of a permanent account number

Published by Law@HostBooks at Last Updated on August 9th, 2018 at 4:22 pm Published on March 29, 2018

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114. (1) An application under sub-section (1) ¹⁹[or sub-section (1A) or sub-section (2) or sub-section (3)] of section 139A for allotment of a permanent account number shall be made ²⁰[***] in Form No. 49A ²¹[or 49AA, as the case may be]:

^21a[Provided that an applicant may apply for allotment of permanent account number through a common application form notified by the Central Government in the Official Gazette, and the Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) shall specify the classes of persons, forms and formats along with procedure for safe and secure transmission of such forms and formats in relation to furnishing of permanent account number.]

(2) An application referred to in sub-rule (1) shall be made,—

(i)		in cases where the function of allotment of permanent account number under section 139A has been assigned by the ²²[Chief Commissioner or Commissioner] to any particular ²³[Assessing Officer], to that ²³[Assessing Officer];
(ii)		in any other case, to the ²³[Assessing Officer] having jurisdiction to assess the applicant.

(3) The application referred to in sub-rule (1) shall be made,—

(i)		in a case where the total income of the person or the total income of any other person in respect of which he is assessable under the Act during any ²⁴[financial year] exceeds the maximum amount which is not chargeable to income-tax and he has not been allotted any permanent account number, on or before the 31st day of May of the assessment year for which such income is assessable;
(ii)		in the case of a person not falling under clause (i), but carrying on any business ²⁵[or profession], the total sales, turnover or gross receipts of which are or is likely to exceed ²⁶[five lakh rupees] in any ²⁷[financial year] and who has not been allotted any permanent account number, before the end of that ²⁷[financial year];]
²⁸[(iii)		in the case of a person who is required to furnish a return of income under sub-section (4A) of section 139 and who has not been allotted any permanent account number, before the end of the ²⁷[financial year];]
²⁹[(iv)		in the case of a person who is entitled to receive any sum or income or amount, on which tax is deductible under Chapter XVII-B in any financial year, before the end of such financial year.]

³⁰[(4) The application, referred to in sub-rule (1) ³¹[[other than that referred to in the proviso to sub-rule (1)]] in respect of an applicant mentioned in column (2) of the Table below, shall be filled in the Form mentioned in column (3) of the said table, and shall be accompanied by the documents mentioned in column (4) thereof, as proof of identity, address and date of birth of such applicant:

TABLE

Sl.No.

Applicant

Form

Documents as proof of identity, address and date of birth

(1)

(2)

(3)

(4)

Individual who is a citizen of India

49A

(A) Proof of identity—

(i) Copy of,—

(a) elector’s photo identity card ; or

(b) ration card having photograph of the applicant; or

(d) driving licence; or

(e) arm’s license; or

(f) AADHAR Card issued by the Unique Identification Authority of India; or

(g) photo identity card issued by the Central Government or a State Government or a Public Sector Undertaking; or

(h) Pensioner Card having photograph of the applicant;

(i) Central Government Health Scheme Card or Ex-servicemen Contributory Heath Scheme photo card; or

(ii) certificate of identity in original signed by a Member of Parliament or Member of Legislative Assembly or Municipal Councillor or a Gazetted Officer, as the case may be; or

(iii) bank certificate in original on letter head from the branch (along with name and stamp of the issuing officer) containing duly attested photograph and bank account number of the applicant.

Note: In case of a person being a minor, any of the above documents of any of the parents or guardian of such minor shall be deemed to be the proof of identity.

(B) Proof of address—

(i) copy of the following documents of not more than three months old—

(a)		electricity bill; or
(b)		landline telephone or broadband connection bill; or
(c)		water bill; or
(d)		consumer gas connection card or book or piped gas bill; or
(e)		bank account statement or as per Note 1; or
(f)		depository account statement ; or
(g)		credit card statement; or

(ii) copy of,-

(a)		post office pass book having address of the applicant; or
(b)		passport; or
(c)		passport of the spouse; or
(d)		elector’s photo identity card; or
(e)		latest property tax assessment order; or
(f)		driving licence; or
(g)		domicile certificate issued by the Government; or
(h)		AADHAR Card issued by the Unique Identification Authority of India; or
(i)		allotment letter of accommodation issued by the Central Government or State Government of not more than three years old; or
(j)		property registration document; or

(iii) certificate of address signed by a Member of Parliament or Member of Legislative Assembly or Municipal Councillor or a Gazetted Officer, as the case may be; or

(iv) employer certificate in original.

Note 1: In case of an Indian citizen residing outside India, copy of Bank Account Statement in country of residence or copy of Non-resident External bank account statements shall be the proof of address.

Note 2: In case of a minor, any of the above documents of any of the parents or guardian of such minor shall be deemed to be the proof of address.

³²[(C) Proof of date of birth—

copy of the following documents if they bear the name, date, month and year of birth of the applicant, namely:—

(a)		birth certificate issued by the municipal authority or any office authorised to issue birth and death certificate by the Registrar of Birth and Deaths or the Indian Consulate as defined in clause (d) of sub-section (1) of section 2 of the Citizenship Act, 1955 (57 of 1955); or
(b)		pension payment order; or
(c)		marriage certificate issued by the Registrar of Marriages; or
(d)		matriculation certificate or mark sheet of recognised board; or
(e)		passport; or
(f)		driving licence; or
(g)		domicile certificate issued by the Government; or
(h)		aadhar card issued by the Unique Identification Authority of India; or
(i)		elector’s photo identity card; or
(j)		photo identity card issued by the Central Government or State Government or Central Public Sector Undertaking or State Public Sector Undertaking; or
(k)		Central Government Health Service Scheme photo card or Ex-servicemen Contributory Health Scheme photo card; or
(l)		affidavit sworn before a magistrate stating the date of birth.]

Hindu undivided family

49A

(a) An affidavit by the karta of the Hindu Undivided Family stating the name, father’s name and address of all the coparceners on the date of application; and

(b) copy of any document applicable in the case of an individual specified in serial number 1, in respect of karta of the Hindu undivided family, as proof of identity, address and date of birth.

Company registered in India

49A

³³[(a) Copy of Certificate of Registration issued by the Registrar of Companies;

(b) corporate identity number allotted by the Registrar under section 7 of the Companies Act, 2013 (18 of 2013).]

Firm (including Limited Liability Partnership) formed or registered in India

49A

(a) Copy of Certificate of Registration issued by the Registrar of Firms/Limited Liability Partnerships; or

(b) copy of Partnership Deed.

Association of persons (Trusts) formed or registered in India

49A

(a) Copy of trust deed; or

(b) copy of Certificate of Registration Number issued by Charity Commissioner.

Association of persons (other than Trusts) or body of individuals or local authority or artificial juridical person formed or registered in India

49A

(a) Copy of Agreement; or

(b) copy of Certificate of Registration Number issued by Charity Commissioner or Registrar of Co-operative Society or any other Competent Authority; or

(c) any other document originating from any Central Government or State Government Department establishing Identity and address of such person.

Individuals not being a citizen of India

49AA

(i) Proof of identity :—

(a) copy of Passport; or

(b) copy of person of Indian Origin card issued by the Government of India; or

(d) copy of other national or citizenship Identification Number or Taxpayer Identification Number duly attested by “Apostille” (in respect of countries which are signatories to the Hague Apostille Convention of 1961) or by Indian embassy or High Commission or Consulate in the country where the applicant is located or authorised officials of overseas branches of Scheduled Banks registered in India.

(ii) Proof of address:—

(a) copy of Passport; or

(b) copy of person of Indian Origin card issued by the Government of India; or

(e) copy of bank account statement in the country of residence; or

(f) copy of Non-resident External bank account statement in India; or

(g) copy of certificate of residence in India or Residential permit issued by the State Police Authority; or

(h) copy of the registration certificate issued by the Foreigner’s Registration Office showing Indian address; or

(i) copy of Visa granted and copy of appointment letter or contract from Indian Company and Certificate (in original) of Indian Address issued by the employer.

LLP registered outside India

49AA

(a) Copy of Certificate of Registration issued in the country where the applicant is located, duly attested by “Apostille” (in respect of countries which are signatories to the Hague Apostille Convention of 1961) or by Indian embassy or High Commission or Consulate in the country where the applicant is located or authorised officials of overseas branches of Scheduled Banks registered in India; or