Wrong pan card

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2011 Dear Experts
I need suggestion from u.
One of the my client have a company name "XXX service India LLP. he apply for the new pan card, he got the PAN card as" XXX pvt ltd. LLP" he din't verify the PAN card during when he recieved . he sent the pan card to all his client for deducting TDS. his client deduct TDS and submitted to IT Dept, during the filing of return he saw that the PAN card is wrong. and apply for the new pan cardbut due to wrong pan card he can't calim the TDS
PLS SIR tell me the procedure and penality regarding claiming and who is liable for the penality and how much, my client ready to remuibersh the penality paid by the dedctuer i f any.......

Manish Soni

Manish Soni (Expert)

20 December 2011 Your client should apply for correction in the old PAN Card filling up form 49B and submitting it to the nearest TIN Facilitation Centre. Applying for the new PAN is not the correct step to be taken. You will face a lot of difficulties if you apply for new PAN. If already applied for a NEW PAN, then while filing correction, surrender the new PAN card.

Message likes : 1 times

CA Ayush Agarwal

CA Ayush Agarwal (Expert)

20 December 2011 Yes, File Amended Change Form to Change Details in PAN Card.
& Dont Apply For New PAN, If Hold Already.
Otherwise Fine Upto 10000/- also Jail.

Querist : Anonymous

Querist : Anonymous (Querist)

29 December 2011 Sir
how my client can claim the tds.....?

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)

03 August 2025 To claim TDS when your client’s PAN was wrongly quoted as a different entity (e.g., “Pvt Ltd” instead of “LLP”), and TDS was deposited under that incorrect PAN, here's the proper step-by-step solution:
✅ 1. File PAN Correction Request (if not already done)
File Form 49A (not 49B) for PAN correction at a TIN-FC or online via NSDL or UTIITSL.
Clearly mention the correct entity type as “LLP” and attach LLP incorporation documents (e.g., Certificate of Incorporation, LLP Agreement).
If a wrong PAN (for Pvt Ltd) was issued and already used, surrender that PAN in the correction form.
✅ 2. Inform All Deductors (Clients who deducted TDS)
Request all clients who deducted TDS under the wrong PAN to revise their TDS returns (Form 26Q) with the correct PAN.
They will need to:
File a correction statement with the revised PAN
Map the deducted TDS to the correct PAN of the LLP
This is crucial: TDS credit will reflect in Form 26AS only if deductors revise their returns.
✅ 3. Once 26AS is Updated
After revised TDS returns are processed, the correct TDS credit will reflect in Form 26AS of the LLP.
Then the LLP can file (or revise) the ITR and claim the TDS refund.
⚠️ Penalties and Liability
No penalty if you file the correction promptly and get the deductors to revise their returns.
However:
Penalty under Section 139A(5)(c): ₹10,000 may be levied if the wrong PAN was knowingly quoted to clients.
No jail in ordinary clerical error cases, provided corrected actions are taken in good faith.
✅ Best Practice
Your client should send a declaration letter to all deductors explaining the error, along with:
Correct PAN copy
Request for TDS return revision
Offer to reimburse costs for correction filing (as mentioned)
📌 Sample Timeline:
Step Action
Day 1 File PAN correction
Day 2–5 Communicate with clients (deductors)
Day 5–15 Clients file revised TDS returns
Day 15–30 TDS credit reflects in Form 26AS
Afterward LLP files/revises ITR to claim refund

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