Now pan mandatory for all foreign directors also

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)   (8224 Points)

17 May 2018  

Section 139A(1) of IT Act as amended by Finance Act 2018 w.e.f. 1.4.2018 reads as under:

Permanent account number
139A. (1) Every person,—
(i)         if his total income or the total income of any other person in respect of which he is assessable under this Act during any previous year exceeded the maximum amount which is not chargeable to income-tax; or
(ii)         carrying on any business or profession whose total sales, turnover or gross receipts are or is likely to exceed five lakh rupees in any previous year; or
(iii)         who is required to furnish a return of income under sub-section (4A) of section 139; or
(iv)         being an employer, who is required to furnish a return of fringe benefits under section 115WD, or
 (v)         being a resident, other than an individual, which enters into a financial transaction of an amount aggregating to two lakh fifty thousand rupees or more in a financial year; or
(vi)         who is the managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office bearer of the person referred to in clause (v) or any person competent to act on behalf of the person referred to in clause (v),
and who has not been allotted a permanent account number shall, within such time, as may be prescribed, apply to the Assessing Officer for the allotment of a permanent account number.

Accordingly, all directors, whether resident or non-resident, need PAN under clause (vi) above.  Non-compliance will attract penalty of Rs.10,000 u/s 272B.