Income-tax (Fourth Amendment) Rules, 2023


Quick Summary
The Income-tax (Fourth Amendment) Rules, 2023, effective from 1st April 2023, introduce changes regarding the inoperative status of Permanent Account Numbers (PANs). If you were allotted a PAN before 1st July 2017 and failed to link it with your Aadhaar by 31st March 2022, your PAN will become inoperative. Re-linking your Aadhaar after this date, with a fee, will make your PAN operative again within 30 days.

MINISTRY OF FINANCE
(Department of Revenue) 
(CENTRAL BOARD OF DIRECT TAXES) 
Income Tax 
Notification No. 15/2023 
Date : 28th March, 2023 

G.S.R.227(E). - In exercise of the powers conferred by section 139AA read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely: ‒ 

1. Short title and commencement.-

(1) These rules may be called the Income-tax (Fourth Amendment) Rules, 2023. 

(2) They shall come into force from the 1st day of April, 2023. 

2. In the Income-tax Rules, 1962, for rule 114AAA, the following rule shall be substituted, namely:  
"114AAA. Manner of making permanent account number inoperative.—(1) Where a person, who has been allotted the permanent account number as on the 1st day of July, 2017 and is required to intimate his Aadhaar number under sub-section (2) of section 139AA, has failed to intimate the same on or before the 31st day of March, 2022, the permanent account number of such person shall become inoperative, and he shall be liable for payment of fee in accordance with sub-rule (5A) of rule 114.

(2) Where the person referred to in sub-rule (1) has intimated his Aadhaar number under sub-section (2) of section 139AA after the 31st day of March, 2022, after payment of fee in accordance with sub-rule (5A) of rule 114, his permanent account number shall become operative within thirty days from the date of intimation of Aadhaar number. 

(3) A person, whose permanent account number has become inoperative, shall be liable for further consequences for the period commencing from the date as specified under sub-rule (4) till the date it becomes operative, namely:– 

(i) refund of any amount of tax or part thereof, due under the provisions of the Act shall not be made; 

(ii) interest shall not be payable on such refund for the period, beginning with the date specified under sub-rule (4) and ending with the date on which it becomes operative; 

(iii) where tax is deductible under Chapter XVIIB in case of such person, such tax shall be deducted at higher rate, in accordance with provisions of section 206AA; 

(iv) where tax is collectible at source under Chapter XVII-BB in case of such person, such tax shall be collected at higher rate, in accordance with provisions of section 206CC: 

(4) The provisions of sub-rule (3) shall have effect from the date specified by the Board. 

(5) The Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) shall specify the formats and standards along with the procedure for verifying the operational status of permanent account number under sub-rule (1) and sub-rule (2).”. 

[Notification No. 15/2023 F. No.370142/14/2022-TPL] 

P. AMRUTHA VARSHINI, Under Secy. 

Note.-The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii) vide number S.O. 969 (E), dated the 26th March, 1962 and last amended by the Income-tax (Third Amendment) Rules, 2023, vide notification number G.S.R. 118(E) dated 21st February, 2023.

FAQ :

These rules, effective from 1st April 2023, amend the Income-tax Rules, 1962, specifically concerning the process of making a Permanent Account Number (PAN) inoperative.

The Income-tax (Fourth Amendment) Rules, 2023, come into force from the 1st day of April, 2023.

Your PAN will become inoperative if you were allotted a PAN on or before 1st July 2017 and did not intimate your Aadhaar number by 31st March 2022.

If you intimate your Aadhaar number after 31st March 2022, and after paying the applicable fee, your PAN will become operative again within thirty days from the date of intimation.

If your PAN is inoperative, you will not receive any tax refunds, no interest will be payable on such refunds, and tax may be deducted or collected at a higher rate as per sections 206AA and 206CC.

 

Guest
Notification No : 15/2023 
Published in Income Tax

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