Minor pan card
This query is : Resolved
17 September 2014
Does a minor who is having taxable income from his skills and have no parents liable to have P.A.No (permanent account number) ?
17 September 2014
the ans is no in such case its not taxable at all
17 September 2014
Dear Tushar you mean to say a Minor who is earning taxable Income from his own skill need not pay any tax if he has unfortunately lost his parents?
Can you please guide where it is mentioned or reason for this answer by you?
Can you please guide where it is mentioned or reason for this answer by you?
18 September 2014
Pls refer the provision of sec 64(IA) which says that the income of minor shall be clubbed with that parent whose total income is greater.
This is the only section where minor provisions of clubbing or taxability is concerned other then sec 10(32) which deals with exemption of 1500 per child.
Further pls refer to case of R.P.Sarthy v.CIT (2006) SOT 732 chennai where it was held that
"where minor's income, in case both the parents are not alive, cannot be assessed in the hands of grandparents or any other relatives or even in the hands of minor"
This is the only section where minor provisions of clubbing or taxability is concerned other then sec 10(32) which deals with exemption of 1500 per child.
Further pls refer to case of R.P.Sarthy v.CIT (2006) SOT 732 chennai where it was held that
"where minor's income, in case both the parents are not alive, cannot be assessed in the hands of grandparents or any other relatives or even in the hands of minor"
18 September 2014
however here if income is earned by minor using his skills then clubbing provisions wont apply and minor shall be liable to pay income tax and must have a valid pan card.
18 September 2014
Yes. Tushar, now you are correct. Your 1st reply was wrong because it was clearly mentioned that Minor was earning Taxable Income from his own skills.
So in the given case Minor is required to obtain PAN.
So in the given case Minor is required to obtain PAN.
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