Deductees not intimating their PAN - remedy

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This query is : Resolved

Manish (Querist)

10 February 2008 What is the remedy to a deductor if deductees from the sums paid to whom are ot itimating PAN.
Can the duductor be penalised for not quoting the PAN of such deductees.
In some cases as noted below the deductee may not be giving his/her PAN - what is the remedy. Is the payer authorised to withhold the future payments.

- Payment of taxable pension to employees retired 3-4 years back.

- Payment to contractors where PAN was not taken earlier

S.Srinivasaraghavan

S.Srinivasaraghavan (Expert)

11 February 2008 The deductor will have to make it a condition to obtain the PAN.

Yes deductor can be penalised.

Who is to authorise for withholding payment? It is one of the tactics that's all.

jegannath G

jegannath G (Expert)

11 February 2008 Under section 272B of income tax act, The Employee / deductor is held responsible for quoting the PAN no of the Deductee.
Hence , for not quoting the PAN , the deductor will be penalised

Ravi Shankar

Ravi Shankar (Expert)

12 February 2008 The position now is that unless you have PANs of atleast 90% of your employees and atleast 70% of the other payees, you would not be in a position to file the e-TDS quarterly returns which are mandatory. Hence, obtaining the PAN of all the persons to whom sums are paid is very important and the its the deductor's look-out as to how to obtain the PAN. He could even withhold payments for want of PAN and he will not be unreasonable in doing so.

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