How to pay tds if the opp.party's pan status is showing "deleted"

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Hi, In a property deal, I deducted TDS of the opp.party. Now when m filling from 26QB it is showing that the status of his PAN is "deleted". When I went to "know your PAN" section in IT website and entered his details, it shows another PAN no. which is "Active". But the opp.party says he has only one PAN (the deleted one) and has been using that PAN for 10 years. Now I have to make my TDS payment very soon. So should I quote that new PAN no. and pay? What should I do?
Replies (11)

TAKE A XEROX OF COPY OF HIS PAN NO.  If the property is registered then see the agreement. it is written in the agreement.

I have the photocopy of the deleted PAN but how should I pay the TDS. I can pay it with the new no. I found in the IT website?. will that cause problems in future as PAN in the sale agreement is also the deleted one.?

You need to check the agreement. Whatever is given in the agreement, consider that as final and pay the tds amount accordingly.

 

In absence of PAN, tds is to be deducted @ 20%. Also on a safer side, get a letter confirming about his deletion of pan. 

How did he enter into a transaction without holding a pan?

Are the seller details matching with the new pan on it website and agreement? If yes then no issues. But if no, then you may have to report it to your ITO also

But he has a PAN and he doesn't know how it got deleted. He has been using it since 10 years. When I fill the TDS form, the status of the PAN comes "Deleted". But when I entered his DOB and Surname in the IT website, it showed another PAN no. with his name "Active". But the "Surname" became "First name" and vice versa. So I have only 2 options. Either quote the PAN he gave me (the deleted one) or quote the PAN I found in the IT site of which he has no idea about.

He needs to contact his AO about histatus of pan deletion and its reason. Meanwhile you can approach your AO making an application for condonation of delay in filing tds return because of the said reason. Approach the AO at the earliest. 

The AO will condone the delay because this is a genuine reason 

Okay... But cant I just pay the TDS quoting the deleted PAN or new PAN? Coz after that it will be his work to straighten it out with the Dept. to claim the TDS right?

No you may land up in further more complications. It is never ITO who will correct on its own motion. You would then have to approach for correction and then it will be rectified after a few days, which might be even more tedious. Also the tax credit would be given to someone else's pan (third party). So the procedure that I suggested will work. You can approach your AO and narrate the reason with an application for condonation of delay. You will be on a safer side having something to state that you were not a party to default. And will be saved from tds interest and penalty provisions. Do not fail to take an acknowledgement from AO for the said reason.

Okay... Thank you so much... :)
Okay... Thank you so much :)..


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