Manner of calculation of demand iro inoperative PAN

How the demand u/s 139AAA is being calculated by the Income Tax Department in the case of inoperative PAN.

One of my friends have total taxable income at Rs. 5,69,590/- in F.Y. 2023-24 and his PAN was not linked with Aadhar. The DDO has failed to deduct the tax on higher rate as required by the section 139AA. Now he intimated the demand of Rs. 88,918/- on his taxable income of Rs. 5,69,590/-. 

We are not able to understand that how the above demand was calculated by the Income Tax Department. 

Could anyone please guide on the manner of calculation of above demand. 

Thanks

 

Replies (4)
Quick Summary
This discussion explores how the Income Tax Department calculates tax demands for individuals with inoperative PANs. Specifically, it addresses a case where a significant demand was raised due to a PAN not being linked with Aadhaar, leading to tax being deducted at a higher rate. The calculation appears to involve the difference between the total tax due and tax already deducted, potentially including interest under sections 234B and 234C, and applying average rates based on applicable tax slabs and a 20% higher rate.

In accordance with provisions of section 206AA, in case of Inoperative PAN, tax is deductible under Chapter XVIIB at higher of the following rates-

          at the rate specified in the relevant provision of this Act or

-          at the rate or rates in force; or

-          at the rate of twenty per cent:

 

As per law, its OK, but question is that how the tax amount of Rs. 88,918/- is calculated on income of Rs. 5,69,590/-.

Thanks

It would be difference amount of total tax minus already tax deducted.

Dear Avinash, From the notices with respect to inoperative PANs the tax is calculated at the average rates. i.e applicable tax slab rate for the income and 20% higher rate. The same is adopted in your scenario as well adding up interest under section 234B and C.

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