IT Return Processing-Instructions

Section 143 of the Income-tax Act, 1961 - Assessment - General - Processing of returns of A.Y. 2011-12 - Steps to clear backlog - Withdrawal of Instruction No. 1/2012, dated 2-2-2012

Instruction No. 4/2012 [F. No. 225/34/2011-ITA.II], dated 25-5-2012

The Board has decided to withdraw Instruction no. 01/2012 issued on 2nd February, 2012 on the subject above with immediate effect. The following decisions have been taken in this regard:

 (i)  In all returns (ITR-1 to ITR-6), where the difference between the TDS claim and matching TDS amount reported in AS-26 data does not exceed Rs. Five thousands, the TDS claim may be accepted without verification.

(ii)  Where there is zero TDS matching, TDS credit shall be allowed only after due verification.

(iii)  Where there are TDS claims with invalid TAN, the TDS credit for such claims is not to be allowed.

(iv)  In all other cases TDS credit shall be allowed after due verification.

old instructions

Section 143 of the Income-tax Act, 1961 - Assessment - General - Processing of returns of assessment year 2011-12 - Steps to clear backlog

Instruction No. 01/2012 [F.NO.225/34/2011-ITA.II], dated 2-2-2012

The issue of processing of returns for the Asst. Year 2011-12 and giving credit for TDS has been considered by the Board. In order to clear backlog of returns, the following decisions have been taken:

(i)  In all returns (ITR-1 to ITR-6), where the difference between the TDS claim and matching TDS amount reported in AS-26 data does not exceed Rs. One lac, the TDS claim may be accepted without verification.

(ii)  Where there is zero TDS matching, TDS credit shall be allowed only after due verification. However, in case of returns of ITR-1 and ITR-2, credit may be allowed in full, even if there is zero matching, if the total TDS claimed is Rs. Five thousand or lower.

(iii)  Where there are TDS claims with invalid TAN, TDS credit for such claims are not to be allowed.

Section 40(a) Vs Trust Income-Case Law

IT : Disallowances u/s 40(a) are not applicable to computation of income of charitable trust/institution u/s 11.

• Section 40 is applicable only when deductions under sections 30 to 38 are being made in computing the income chargeable under the head "profits and gains of business or profession" under section 28. The exception in section 40 is carved out, only for the purpose of section 28 and not for computing the exemption of income of a charitable trust under section 11. The disallowance made under section 40(a) will only go to enhance the business profit of an assessee whose income is assessable under section 28 and not otherwise. Hence, provisions of section 40(a) are not applicable in case of charitable trust or institution where income and expenditure is computed in terms of section 11 - [2012] 21 taxmann.com 321 (Mumbai - Trib.)

High Court Takes Notice of TDS Refund Harassment by Dept & Demands Answers

High Court Takes Notice of TDS Refund Harassment by Dept & Demands Answers

One Anand Parkash, FCA, addressed a letter dated 30.4.2012 to the High Court in which he set out the numerous problems being faced by the assesses across the Country owing to the faulty processing of the Income Tax Returns and non-grant of TDS credit & refunds. He claimed that because of the department's fault, the assessees were being harassed. The High Court took judicial notice of the letter, converted it into a public interest writ petition and directed the CBDT to answer each of the allegations made in the letter. In addition, the Court demanded an answer to the following issues:

CBEC on ST Rate

Circular No. 158/9/ 2012 – ST

F.No 354/69/2012- TRU

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise and Customs

Tax Research Unit

Room No 146, North Block, New Delhi

Dated : 8^th May 2012

To

Chief Commissioner of Customs and Central Excise (All)

Chief Commissioner of Central Excise & Service Tax (All)

Director General of Service Tax

Director General of Central Excise Intelligence

Director General of Audit

Commissioner of Customs and Central Excise (All)

Commissioner of Central Excise and Service Tax (All)

Commissioner of Service Tax (All)

Madam/Sir,

Subject: - Clarification on Rate of Tax - regarding.

    

  

1.             The rate of service tax has been restored to 12% w.e.f. 1^st April 2012.  Representations have been received requesting clarification on the rate of tax applicable wherein invoices were raised before 1^st April 2012 and the payments shall be after 1^st April 2012. Clarification has been requested in case of the 8 specified services provided by individuals or proprietary firms or partnership firms, to which Rule 7 of Point of Taxation Rules 2011 was applicable and services on which tax is paid under reverse charge.

2.             The rate of service tax prevalent on the date when the point of taxation occurs is rate of service tax applicable on any taxable service. In case of the 8 specified services and services wherein tax is required to be paid on reverse charge by the service receiver the point of taxation is the date of payment. Circular No 154/5/2012 – ST dated 28^th March 2012 has also clarified the same. Thus in case of such 8 specified services provided by individuals or proprietary firms or partnership firms and in case of services wherein tax is required to be paid on reverse charge by the service receiver, if the payment is received or made, as the case maybe, on or after 1^st April 2012, the service tax needs to be paid @12%.

3.             The invoices issued before 1^st April 2012 may reflect the previous rate of tax (10% and cess). In case of need, supplementary invoices may be issued to reflect the new rate of tax (12% and cess) and recover the differential amount. In case of reverse charge the service receiver pays the tax and takes the credit on the basis of the tax payment challan. Cenvat credit can be availed on such supplementary invoices and tax payment challans, subject to other restrictions and conditions as provided in the Cenvat Credit Rules 2004.

4.             Trade Notice/Public Notice may be issued to the field formations accordingly.

5.             Please acknowledge the receipt of this circular. Hindi version to follow.

(Dr. Shobhit Jain)

OSD, TRU

Fax: 011-23093037

Cost of Collection about 0.6%

Income Tax - Cost of Collection about 0.6%

• COST of collection showed a uniform trend of about 0.6 per cent during 2006-07 to 2010-11 except 2008-09 and 2009-10, where it was 0.7 per cent.

• The direct tax collection exceeded the budget estimates in all the years over the period 2006-07 to 2010-11 except 2008-09. The extent of actual collection exceeding the budget estimates ranged from 2.2 per cent in 2009-10 to 16.7 per cent in 2007-08.

• Direct tax collection increased by 94.2 per cent from Rs. 2,30,181 crore in 2006-07 to Rs 4,46,934 crore in 2010-11 whereas total Gross Domestic Product (GDP) has increased by 90.0 per cent from Rs. 41,45,810 crore in 2006-07 to Rs. 78,75,627 crore in 2010-11 indicating a significantly higher growth rate of tax collection over five years period. During the period 2006-07 to 2010-11, the average rate of growth of direct tax collection was 23.6 per cent. The annual rate of growth ranged from 6.9 per cent in 2008-09 to 35.6 per cent in 2007-08.

• In the case of the corporate assessees, net collection increased from Rs. 1,44,318 crore in 2006-07 to Rs. 2,98,687 crore in 2010-11 at an average annual rate of growth of 26.7 per cent and in the case of non-corporate assessees, net collection increased from Rs. 75,079 crore in 2006-07 to Rs. 1,40,042 crore in 2010-11 at an average annual rate of growth of 21.6 per cent.

• Voluntary compliance by assessees (pre-assessment stage) accounted for 81.4 per cent of the gross collections in 2010-11. The collection by way of voluntary compliance in 2010-11 was higher than 2006-07 but marginally lower as compared to 2007-08 to 2009-10.

• The assessee base grew over the last five years from 313 lakhs taxpayers in 2006-07 to 335.8 lakh taxpayers in 2010-11 at average annual rate of growth of 1.8 per cent.

• The pendency of scrutiny assessments increased from 2.8 lakh in 2006-07 to 3.9 lakh in 2010-11.

• At the end of 2010-11, as much as Rs. 2.9 lakh crore remained uncollected. This comprised demand of Rs. 2.0 lakh crore of earlier years and current demand (2010-11) of Rs. 0.9 lakh crore.

• Internal Audit completed 66 per cent of the targeted audits. Only 14.9 per cent of major findings raised by Internal Audit were acted upon by the assessing officers in 2010-11. Departmental response to Internal Audit was clearly inadequate.

Source: CAG's Report No. 27 of 2011-12 (Direct Taxes)

Advisory Group-International Taxation

Press Information Bureau 
Government of India
Ministry of Finance 

03-May-2012 14:42 IST

Advisory Group for International Taxation and Transfer Pricing Constituted

An Advisory Group for International Taxation and Transfer Pricing has been constituted by Central Board of Direct Taxes , Department of Revenue, Ministry of Finance. The Group would comprise of the following members:-

i.             Revenue Secretary to the Government of India-Head of the Advisory Group

ii.           Chairman, Central Board of Direct Taxes, Department of Revenue- Member

iii.          Director General of Income-tax (International Taxation), New Delhi- Member

iv.          Joint Secretary (FT&TR-I), Department of Revenue- Member Secretary

v.            Joint Secretary (FT&TR-II), Department of Revenue- Member

vi.          Joint Secretary (TPL-I), Department of Revenue- Member

vii.         Shri Som Mittal, NASSCOM, Member

viii.       Shri P. Y. Gurav, CII, Member

ix.          Shri Dinesh Kanabar , FICCI, Member

x.            Shri Ved Jain, ASSOCHAM, Member

xi.          Shri Mahesh P. Sarda, ICAI, Member

xii.        Shri T. P. Ostwal, IFA India, Member

xiii.       Shri Mukesh Butani, ICC India, Member

CBEC on ST on Agricultural Produce Marketing Committee

Circular No. 157/8 /2012-ST

F.No.354/234/2011-TRU

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

(Tax Research Unit)

153, North Block,

New Delhi, 27^th April, 2012

To

Chief Commissioner of Customs and Central Excise / Central Excise & Service Tax (All)

Director General of Service Tax /Central Excise Intelligence /Audit; Commissioner of Customs and Central Excise/ Central Excise and Service Tax/ Service Tax (All)

Madam/Sir,

Subject:   Services provided by the Agricultural Produce Marketing Committee (APMC) /Board-- regarding.

            Representations have been received, seeking clarification regarding the levy of service tax on certain services provided by the Agricultural Produce Marketing Committee (APMC)/Board, using the 'market fee', in the light of Notification No.14/2004-ST. The representations have been examined. 

2.         APMCs are statutory bodies created with a view to regulate agricultural produce markets. APMCs charge market fee for issuing licenses to whole sale trader-cum-commission agent, wholesale traders, commission agent, mill / factory / cold storage owners or any other buyers of agricultural produce, for an agricultural year. The amount so collected by the APMC, from the licensees, is used for providing among other things facilities like roads, drinking water, weighing machines, storage places, street lights, etc. in the market area.  These services are not provided on one-to-one basis i.e. in consideration or as an obligation to the persons who have tendered the license fee. Some of these services may be capable of being used more conspicuously by the licensees but they do not form part of any contractual obligation to any of the licensees.

3.         Reportedly some field formations are inclined to take a view that services provided by the APMCs are in the nature of Business Support Service (BSS), and hence the exemption made available for BAS in relation to agriculture vide Notification No.14/2004-ST will not be applicable. As a consequence, service tax becomes leviable on the 'market fee' popularly known as 'mandi shulk', collected by the APMC.

4.         When examined with reference to its constitution and functions, the services provided by APMC out of the 'market fee' collected from the licensees, do not appropriately fall under the category of BSS.  The distinction between BSS and BAS is explained in the instructions dated 28.02.2006 issued from F.No.334/4/2006-TRU. In the light of the above instruction, the service provided by APMC out of the market fee is not in the nature of 'outsourced service'.   It is not possible to hold that the licensees have outsourced the development and maintenance of agricultural market to the APMC, which could have been otherwise undertaken by them, solely in their business interest. Development and maintenance of agricultural market infrastructure undertaken by APMC in accordance with the statute, is for the benefit of all users, rather than an activity solely in the interest of licensees. Hence, APMC cannot be said to be rendering 'business support service' to the licensees. 'Market fee' is not in the nature of consideration for such BSS.

5.         As statutory bodies, APMCs provide basic facilities in the market area out of the 'market fee' collected from the licensees, mainly to facilitate the farmers, purchasers and others. APMCs provide a host of services to the licensees in relation to the procurement of agricultural produce, which are 'inputs' in terms of the definition given in section 65(19) of the Finance Act, 1994 itself. To that extent the meaning of 'input' is much wider in scope than the meaning assigned in rule 2(k) of Cenvat Credit Rules, 2004. Therefore, it is clarified that the services provided by the APMC are classifiable as BAS and hence covered by the exemption under Notification 14/2004-ST.

6.         However, any other service provided by the APMCs for a separate charge(other than 'market fee') to either the licensees or farmers or any other person, e.g. renting of shops in the market area, etc. would be liable to tax under the respective taxable heads. This Circular may be communicated to the field formations and service tax assessees, through Public Notice/Trade Notice. Hindi version to follow.

(Samar Nanda)

Under Secretary, TRU

Tel/Fax: 011-23092037

--X--

Modification of Dealers Return - Central Excise

Earlier, dealers who imported goods or purchased goods from other importers had difficulty in filing dealer returns in ACES, as the ACES application did not allow such dealers to mention their own Central Excise registration number, or the IEC Code of the importer in the column prescribed for mentioning the CE Registration number in the block "Documents based on which credit is passed on" in the dealer return . The application has now been modified, so that 1st or 2nd stage dealers who have either imported goods on their own or have purchased goods from other Importers can mention their own IEC code or the IEC Code of the importers in the prescribed column. The ACES application will verify if the IEC code is a valid one available in the database or not and in case of invalid IEC codes, the returns will be rejected. In case of rejection, the dealers can incorporate the correct IEC codes and e-file the return.

IndianCAs: Format of Revised Schedule VI [1 Attachment]

 

[Attachment(s) from Ashwin Nagar included below]

Dear Friends,

Please find attached file in excel format of Revised schedule -VI,as you all are aware that every company has to prepare Audited Balance sheet and Statement of Profit &loss for the year ended on 31-03-2012 in revised sch.VI. I hope attach file will be helpful to all.This file is sent by one of my CA friend Jayesh Mor.

| Ashwin Nagar | FCA and SAP-Finance & Consolidations |

Success is not permanent and failure is not final

Facebook : http://www.facebook.com/ashwinnagar

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Linkedin    : http://in.linkedin.com/in/ashwinnagar

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Attachment(s) from Ashwin Nagar

1 of 1 File(s)

Format of Revised Schedule-VI.xls

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Issue of TDS Certificate in Form 16A is only through TIN Central System- MANDATORY

Issue of TDS Certificate in Form 16A is only through TIN Central System- MANDATORY

Section 203 of the income-tax Act, 1961 - deduction of tax at source - Certificate for tax deducted - Issuance of TDS Certificates In Form No. 16A downloaded from TIN website

CIRCULAR NO. 01/2012 [F.No. 276/34/2011-IT(B)], DATED 9-4-2012

1. Section 203 of the income-tax Act, 1961 ("the Act") read with the Rule 31 of the Income-tax Rules, 1962 ("the Rules") provides for furnishing of certificate of tax deduction at source (TDS) by the deductor to the deductee specifying therein the prescribed particulars like amount of TDS, permanent account number (PAN), tax deduction and collection account number (TAN), etc. The relevant form for such TDS certificate is Form No. 16 in case of deduction under section 192 and Form No. 16A for deduction under any other provisions of Chapter XVII-B of the Act TDS certificate in Form No. 16 is to be issued annually whereas TDS certificate in Form No. 16A is to be issued quarterly.

2. For deduction of tax at source made on or after 01.04.2011, Circular No. 03/2011 dated 13.06.2011 stipulated mandatory issue of TDS certificate in Form No. 16A generated through TIN Central System and which is downloaded from the TIN website (www.tin-nsdl.com) with the unique TDS certificate number in cases of company Including a banking company to which the Banking Regulation Act, 1949 applies and any bank or banking institution, referred to in section 51 of that Act or a cooperative society engaged in carrying the business of banking. For other deductors, such stipulation was optional, Moreover, pursuant to the issue of the said circular, a deductor issuing Form No. 16A generated through TIN Central System and which is downloaded from the TIN website had an option to authenticate such TDS certificate by using digital signature.

3. With a view to further strengthen the administration of the issue of TDS and for proper administration of the Act the Board have, in exercise of powers under section 119 of the Act, decided the following:-

4.1 Issue of TDS Certificate in Form No. 16A

(I) For deduction of tax at source made on or after 01.04.2012: All deductors (including government deductors who deposit TDS in the Central Government Account through book entry) shall Issue TDS certificate in Form No. 16A generated through TIN central system and which is downloaded from the TIN website with a unique TDS certificate number in respect of all sums deducted on or after the 1st day of April, 2012 under any of the provisions of Chapter-XVII-B other than section 192.

In other words, the issuance of duly verified TDS certificate in Form No. 16A, by the deductor of any category shall henceforth be only through TIN Central System. The deductor shall therefore, download such certificate from the TIN Central System, verify the correctness of the contents mentioned therein and authenticate the correctness of the contents before issue of the said certificate.

(II) For deduction of tax at source made between 01.04.2011 to 31.03.2012: The stipulation prescribed in para 4.1 of the Circular No. 3/2011 dated 13.05.2011 shall continue to apply.

4.2 Authentication of TDS Certificate in Form No. 16A

(i)  The deductor, issuing the TDS certificate in Form No.16A by downloading from the TIN website shall authenticate such TDS certificate by either using digital signature or manual signature.

(ii)  Where the deduction has been done between 1st April, 2011 and 31st March, 2012 and the deductor being other than a company/bank or banking Institution/a cooperative society engaged in carrying the business of banking and who do not issue the TDS Certificate in Form No.16A by downloading from the TIN website shall authenticate such TDS certificate in Form No.16A by manual signature only.

5. The Director General of Income-tax (Systems) shall specify the procedure, formats and standards for the purpose of issuance of TDS certificate in Form No.16A which is downloaded from the TIN website and shall be responsible for the day-to-day administration in relation to the procedure, formats and standards for issuance of TDS certificate in Form No.16A in electronic form.

6. It is further clarified that TDS certificate issued in Form No. 16A by the deductors in terms of para 4.1 read with para 4.2 above and in accordance with this circular alongwith procedure, format and standards specified by the Director General of Income-tax (Systems) shall only be treated as a valid TDS certificate in Form No. 16A for the purpose of section 203 of the Act read with Rule 31 of the Rules.

■■

Application for allotment of New PAN in Form 49AA by foreign citizens wef 08.04.2012

With effect from April 8, 2012, PAN applications are required to be furnished in the new forms prescribed by ITD. Foreign citizens will have to submit their 'Application for allotment of new PAN' in newly notified Form 49AA only.

With effect from April 1, 2012, fees for PAN application has changed to Rs. 96. (For dispatch outside India Rs. 962).

For New PAN applications, in case of Individual and HUF applicants if Address for Communication is selected as Office, then Proof of Office Address along with Proof of residential address is to be submitted to NSDL w.e.f. applications made on and after 1st November 2009.

As per RBI guidelines, the entities making e-commerce transactions are required to provide PIN (Personal Identification Number) while executing an online transaction. Accordingly, before making payment for online PAN/TAN applications using credit/debit card, please ensure that the PIN is obtained from your respective Banks.

This form should be used when the applicant has never applied for a PAN or does not have PAN allotted to him. An applicant can visit Income Tax Department (ITD) website to find whether a PAN has been allotted to him or not.

• Read Guidelines
• Read Instructions
• Documents to be Submitted
• Do's and Don'ts
• Apply

Guidelines

. STEPS FOR ONLINE APPLICATION

a.	Non-citizens of India should only use this form (i.e. Form 49AA) for submitting application for allotment of PAN. However, a Qualified Foreign Investor (QFI) has to apply for PAN in Form 49AA through a Depository Participant only.
b.	Applicant will fill Form 49AA online and submit the form.
c.	If the data submitted fails in any format level validation, a response indicating the error(s) will be displayed on the screen.
d.	The applicant shall rectify the error(s) and re-submit the form.
e.	If there are no format level error(s), a confirmation screen with data filled by the applicant will be displayed.
f.	The applicant may either edit or confirm the same.

2. PAYMENT

g.	If communication address is within India, then the fee for processing PAN application is 96.00 ( 85.00 + 12.36% service tax). Payment can be made either by Demand Draft Cheque Credit Card / Debit Card Net Banking If any of addresses i.e. office address or residential address is a foreign address, the payment can be made only by way of demand draft payable at Mumbai.
h.	If communication Address is outside India, then the fee for processing PAN application is 962.00 [(Application fee 85.00 + Dispatch Charges 771.00) + 12.36% service tax]. Payment can be made only by Demand Draft payable at Mumbai. At present this facility is available for a select list of countries. Applicants from other countries may contact NSDL at the contact details given in point (5) below.
i.	Demand draft / cheque shall be in favour of 'NSDL – PAN'. Demand draft should be payable at Mumbai and sent to NSDL.
j.	Name of the applicant and the acknowledgment number should be mentioned on the reverse of the demand draft / cheque.
k.	Applicants making payment by cheque shall deposit a local cheque (drawn on any bank) with any HDFC Bank branch across the country (except Dahej). The applicant shall mention NSDL-PAN on the deposit slip. List of HDFC Bank branches.
l.	Credit card / Debit card / Net banking payment – Persons authorised to make Credit card / Debit card / Net banking payment are as below:

 

Category of Applicant	Payment by Credit Card / Debit Card / Net Banking can be made by / for
Individual	Self, immediate family members (parents, spouse, children)
HUF	Karta of the HUF
Company	Any Director of the Company
Firm/ Limited Liability Partnership	Any Partner of the Firm
Association of Person(s) / Body of Individuals / Association of Person(s) Trust / Artificial Juridical Person / Local Authority	Authorised Signatory covered under section 140 of Income Tax Act, 1961

Applicants making credit card / debit card payment will be charged an additional surcharge of 5.00 + service tax by the bank providing payment gateway facility.

Applicants making payment through Net Banking facility will be charged an additional surcharge of 4.00 + service tax for payment gateway facility.

	On successful credit card / debit card / net banking payment, acknowledgment will be displayed. Applicant shall save and print the acknowledgment and send it to NSDL as mentioned in point 'u – Mode of Submission of Documents' below.
m.	Applicant shall select appropriate mode of payment and fill relevant details in the application.

3. ACKNOWLEDGMENT

n.	On confirmation, and in case of credit card / debit card / net banking payment (on successful payment), an acknowledgment screen will be displayed. The acknowledgment consists of: A 15-digit unique acknowledgment number Category of applicant Name of applicant Father's Name (in case of 'Individual') Date of Birth/Incorporation/Agreement/Partnership or Trust Deed/Formation of Body of Individuals/Association of Persons Address for Communication Representative Assessee's name and address Space for Photograph (in case of 'Individual') Payment Details Space for Signature Country of citizenship ISD code of country of citizenship Details of Proof of Identity and Address
o.	Applicant shall save and print this acknowledgment.
p.	'Individual' applicants making "Application for allotment of new PAN" should affix two recent colour photographs (3.5 cm x 2.5 cm) in the space provided in the acknowledgment. The photograph should not be stapled or clipped to the acknowledgment. (The clarity of the image on PAN card will depend on the quality and clarity of the photograph affixed on the form).
q.	Signature / Left hand thumb impression should be provided across the photo affixed on the left side of the acknowledgement in such a manner that portion of signature/impression is on photo as well as on acknowledgement receipt.
r.	The signature should not be on the photograph affixed on right side of the acknowledgement. If there is any mark on this photograph such that it hinders the clear visibility of the face of the applicant, the application will not be accepted.
s.	Signature / left thumb impression should only be within the box provided in the acknowledgment. The signature should not be on the photograph. If there is any mark on the photograph such that it hinders the clear visibility of the face of the applicant, the application will not be accepted.
t.	Thumb impression, if used, should be attested by a Magistrate or a Notary Public or Gazetted Officer, under official seal and stamp.

4. MODE OF SUBMISSION OF DOCUMENTS

u.	The acknowledgment duly signed, affixed with photographs (in case of 'Individuals') along with Demand Draft/cheque, if any, and proof of identity (name in the application should be same as in the proof of identity) & proof of address (Individuals, HUFs, Body of Individuals, Association of Persons & Artificial Juridical Person should provide proof of address of residence stated in the application) as specified in the application form is to be sent to NSDL at 'Income Tax PAN Services Unit, National Securities Depository Limited, 3rd floor, Sapphire Chambers, Near Baner Telephone Exchange, Baner, Pune – 411045′.
v.	Superscribe the envelope with 'APPLICATION FOR PAN-Acknowledgment Number' (e.g. 'APPLICATION FOR PAN-881010200000097′).
w.	Your acknowledgment, demand draft/cheque, if any, and proofs, should reach NSDL within 15 days from the date of online application.
x.	Applications received with demand draft or cheque as mode of payment shall be processed only on receipt of relevant proofs and realisation of payment.
y.	Applications received with credit card / debit card / net banking as mode of payment shall be processed on receipt of relevant documents (acknowledgment and proofs).

5. CONTACT US

z.

For more information Call TIN Call Centre at 020 – 27218080 Fax: 020-27218081 E-mail us at: tininfo@nsdl.co.in SMS NSDLPAN < space > Acknowledgement No. & send to 57575 to obtain application status Write to: INCOME TAX PAN SERVICES UNIT (Managed by National Securities Depository Limited), 3rd floor, Sapphire Chambers, Near Baner Telephone Exchange, Baner, Pune – 411045

Instructions for Filling Form 49AA

• This form is applicable to the persons who are not citizens of India [except Qualified Foreign Investors (QFI) who are required to submit Form 49AA to a Depository Participant].
• Form to be filled in English only.
• Fields marked by asterisk (*) are mandatory.
• The applicant shall leave a blank space after each word/number/punctuation mark in a field.
• Those already allotted a ten-digit alphanumeric PAN shall not apply again as having or using more than one PAN is illegal. However, request for a new PAN card with the same PAN or/and changes or correction in PAN data can be made by filling up the form for 'Request for New PAN Card or/and Changes or Correction in PAN Data'.
• AO code (Area Code, AO Type, Range Code and AO Number) of the Jurisdictional Assessing Officer must be filled up by the applicant. These details can be obtained either from the Income Tax Office or an applicant can search for the same by selecting the appropriate option using the details provided in the form.
• Applicant should provide only International Taxation AO code. If the AO code is not known then a default AO code of international taxation under Delhi RCC (DLC-C-35-1) may be provided.

1. Full Name

Please select appropriate title.

Individuals must state full expanded name. Do not use abbreviations and initials.

Allowed two characters initials in surname, first name, middle name & father's name of applicant are mentioned below.

AH

AI

AL

AN

AO

AR

AS

BE

BI

BO

BP

CH

CY

DA

DE

DO

EE

EK

EM

ES

FA

FE

FK

FU

GI

GO

GU

HA

HE

HU

HO

ID

IK

IL

IN

JE

JI

JO

JR

JU

KA

KC

KE

KH

KI

KJ

KO

KS

KU

LE

LI

LO

LU

MA

MU

NA

NG

OH

OM

ON

PI

PT

QI

RU

SA

SE

SI

SM

SU

TA

TI

TO

TU

UR

UL

WO

WU

YE

YH

YI

YJ

YO

YU

ZI

For example RAVIKANT should be written as:

Last Name/ Surname

R

A

V

I

K

A

N

T

First Name

Middle Name

For example SURESH SARDA should be written as:

Last Name/ Surname

S

A

R

D

A

First Name

S

U

R

E

S

H

Middle Name

For example POONAM RAVI NARAYAN should be written as:

Last Name/ Surname

N

A

R

A

Y

A

N

First Name

P

O

O

N

A

M

Middle Name

R

A

V

I

For example SATYAM VENKAT M. K. RAO should be written as:

Last Name/ Surname

R

A

O

First Name

S

A

T

Y

A

M

Middle Name

V

E

N

K

A

T

M

K

For example M. S. KANDASWAMY (MADURAI SOMASUNDRAM KANDASWAMY) should be written as:

Last Name/ Surname

K

A

N

D

A

S

W

A

M

Y

First Name

M

A

D

U

R

A

I

Middle Name

S

O

M

A

S

U

N

D

R

A

M

Applicants other than 'Individuals' may ignore above instructions.

Non-Individuals should write their full name starting from the first block of Last Name/Surname. If the name is longer than the space provided for the last name, it can be continued in the space provided for First and Middle Name.

For example XYZ DATA CORPORATION (INDIA) PRIVATE LIMITED should be written as:

Last Name/ Surname

X

Y

Z

D

A

T

A

C

O

R

P

O

R

A

T

I

O

N

(

I

N

D

First Name

I

A

)

P

R

I

V

A

T

E

L

I

M

I

T

E

D

Middle Name

For example MANOJ MAFATLAL DAVE (HUF) should be written as:

Last Name/ Surname

M

A

N

O

J

M

A

F

A

T

L

A

L

D

A

V

E

(

H

U

F

)

First Name

Middle Name

In case of Company, the name should be provided without any abbreviations. For example, different variations of 'Private Limited' viz. Pvt Ltd, Private Ltd, Pvt Limited, P Ltd, P. Ltd., P. Ltd are not allowed. It should be 'Private Limited' only.

In case of sole proprietorship concern, the proprietor should apply for PAN in his/her own name.

Name should not be prefixed with any title such as Shri, Smt, Kumari, Dr., Major, M/s etc.

2. Abbreviations of the above name, as you would like it, to be printed on the Card

Individual applicants should provide full/abbreviated name to be printed on the PAN card. Name, if abbreviated, should necessarily contain the last name.

For example SATYAM VENKAT M. K. RAO which is written in the Name field as:

Last Name/ Surname

R

A

O

First Name

S

A

T

Y

A

M

Middle Name

V

E

N

K

A

T

M

K

Can be written as in 'Name to be printed on the PAN Card' column as

SATYAM VENKAT M. K. RAO   or

S. V. M. K. RAO    or

SATYAM V. M. K. RAO

For non individual applicants, this should be same as last name field in item no. 1 above.

Name you would like printed on the card should not be prefixed with titles such as Shri, Smt, Kumari, Dr., Major, M/s etc.

3. Have you ever been Known by Any Other Name?

If applicant selects 'Yes', then it is mandatory to provide details of the other name. Instructions in Item No. 1 with respect to name apply here. Title should be similar to the title mentioned in Item No. 1.

4. Gender

This field is mandatory for Individuals. Field should be left blank in case of other applicants.

5. Date of Birth / Incorporation / Agreement / Partnership or Trust Deed / Formation of Body of Individuals / Association of Persons

Date cannot be a future date.

Date 2^nd August 1975 should be written as

DD	MM	YYYY
0  2	0  8	1  9  7  5

Relevant date for different category of applicants is:

• Individual: Actual Date of Birth;
• Company: Date of Incorporation;
• Association of Persons: Date of formation/creation;
• Trusts: Date of creation of TrustDeed;
• Partnership Firms: Date of Partnership Deed;
• LLPs: Date of Incorporation/Registration;
• HUFs: Date of creation of HUF and for ancestral HUF date can be 01-01-0001 where the date of creation is not available.

6. Father's Name

• Applicable to Individuals only. Instructions in Item No.1 with respect to name apply here.
• Married women applicants should give only father's name and not husband's name.
• Father's Name should not be prefixed with titles such as Shri, Smt, Kumari, Dr., Major, M/s etc.

7. Address – Residential and Office

R – Residential Address:

• It is mandatory for Individuals / HUF / Body of Individuals / Association of Persons and Artificial Juridical Person to mention residential address and provide proof of the same. The name of applicant mentioned in the application should match with the name displayed in the proof of address.
• Out of first four fields, applicant must fill up at least two fields.
• Town/City/District, State/Union Territory and PIN are mandatory.
• If the applicant wants to enter foreign address here, option for "outside India" should be selected from the drop down list in the field of "State/Union Territory". Applicant should select the name of the country and enter the ZIP code as applicable. Country name and Zip code are mandatory.
• Applicants other than Individuals / HUF / Body of Individuals / Association of Persons and Artificial Juridical Person will leave this field (Residential address) blank.

O – Office Address:

• In case of Individuals / HUF / Body of Individuals / Association of Persons and Artificial Juridical Person, if Item No.6 (Address for Communication) is selected as "O" then Office Address is mandatory.
• Office name and address is mandatory in case of Individuals having source of income as salary & business/profession.
• In case of Firm, Company, Local Authority and Association of Persons (Trust), name of office and address is mandatory.
• For all categories of applicants, out of first four fields, at least two fields are mandatory.
• Town/City/District, State/Union Territory and PIN are mandatory.
• If the applicant wants to enter foreign address here, option for "outside India" should be selected from the drop down list in the field of "State/Union Territory". Applicant should select the name of the country and enter the ZIP code as applicable. Country name and Zip code are mandatory.
• If applicant is engaged in a business / profession [falling under codes 9, 10, 12, 13, 15, 17 to 20 - refer Item No. 13(b)] and the area code mentioned is MUM, then it is mandatory to provide office address.
• In case of Individual and HUF if Item No.6 (Address for Communication) is selected as "O" then Proof of Office Address along with Proof of residential address is mandatory w.e.f. applications made on and after 1st November 2009.

8. Address for Communication

'R' means Residence and 'O' means Office.

All future communication will be sent at the address indicated in this field.

9. Telephone Number and e-mail ID

Telephone number should include country code(ISD code) and STD code or Mobile No. should include Country code(ISD Code).

For example

Telephone number 23555705 of Delhi should be written as

Country code					STD Code				Telephone Number / Mobile number
	9	1				1	1		2	3	5	5	5	7	0	5

Where '91' is the country code of India and 11 is the STD Code of Delhi.

Mobile number 9102511111 of India should be written as

Country code					STD Code				Telephone Number / Mobile number
	9	1							9	1	0	2	5	1	1	1	1	1

Where '91′ is the country code of India.

NRI /Foreign National should mention the ISD code of their respective country and City code as applicable in the space provided for ISD & STD code. e. g. Person staying in Chicago should write A1 in the ISD code and 312 in STD code text box. (A1 is ISD code of USA and 312 is City code of Chicago).

It is mandatory for the applicants to mention either their "Telephone number" or valid "e-mail id" so that they can be contacted in case of any discrepancy in the application and/or for receiving PAN through e-mail.

Application status updates are sent using the SMS facility on the mobile numbers mentioned in the application form (applicable only for Indian mobile numbers).

• It is suggested that applicants mention their telephone number so that they can be contacted in case of any discrepancy in the application form.
• Applicants must provide their valid e-mail ID for receiving PAN through e-mail.

10. Status of Applicant

This field is mandatory for all categories of applicants.In case of 'Limited Liability Partnership', the PAN will be allotted in 'Firm' status.

11. Registration Number

Not applicable to Individuals and HUFs. Mandatory for 'Company'. Company should mention registration number issued by the Registrar of Companies. Other applicants may mention registration number issued by any State or Central Government Authority.

12. Country of citizenship & ISD code of country of citizenship

It is mandatory to provide country of citizenship and ISD code of country of citizenship. Please select country name and respective ISD code from the list of country and ISD codes

13. Source of Income

It is mandatory to indicate at least one of the sources of incomes, as mentioned in the form. In case, the income from Business/profession is selected by the applicant then an appropriate business/ profession code should be mentioned.

Please refer the table given below to select the business/profession code:

Code	Business/ Profession	Code	Business/ Profession
01	Medical Profession and Business	11	Films, TV and such other entertainment
02	Engineering	12	Information Technology
03	Architecture	13	Builders and Developers
04	Chartered Accountant/Accountancy	14	Members of Stock Exchange, Share Brokers and Sub-Brokers
05	Interior Decoration	15	Performing Arts and Yatra
06	Technical Consultancy	16	Operation of Ships, Hovercraft, Aircrafts or Helicopters
07	Company Secretary	17	Plying Taxis, Lorries, Trucks, Buses or other Commercial Vehicles
08	Legal Practitioner and Solicitors	18	Ownership of Horses or Jockeys
09	Government Contractors	19	Cinema Halls and Other Theatres
10	Insurance Agency	20	Others

14. Name and address of Representative Assessee

• Section 160 of Income Tax Act, 1961 provides that any assessee can be represented through Representative Assessee.
• Therefore, this column should be filled in by representative assessee only as specified in Section 160 of the Income-tax Act, 1961, such as, an agent of the non-resident, guardian or manager of a minor, lunatic or idiot, Court of Wards, Administrator General, Official Trustee, receiver, manager, trustee of a Trust including Wakf.
• This field will contain particulars of the Representative Assessee. This field is mandatory if applicant is minor, deceased, idiot, lunatic or mentally retarded. Column 1 to 13 will contain details of person on whose behalf this application is submitted.
• Proof of Identity and Proof of Address has to be submitted for the Representative Assessee details mentioned.
• Foreign Non-Individual entities having no office of their own in India may additionally mention their own name and care of address of their tax consultant in India in this column for the purpose of communication address. This should be supported by Power of Attorney in favour of the tax consultant duly notarised or attested by Indian Embassy/High Commission or Consulate located in the country.
• Name of Representative Assessee should not be prefixed with titles such as Shri, Smt, Kumari, Dr., Major, M/s etc.

15. Proof of Identity and Address

• Select appropriate proof of identity and address from the relevant drop-down list provided in the form.
• Documents submitted should be in the name of the applicant as mentioned in item no. 1 of the application form.
• In case of minor, proofs of any of the parents or guardian shall be deemed to be the proof of identity and address.
• For HUF, an affidavit made by the Karta of Hindu Undivided Family stating name, father's name and address of all the coparceners on the date of application and copy of Proof of Identity and Proof of Address documents in the name of Karta of HUF is required.

16. Other Details: Depository Account

If applicant selects 'copy of depository account' as proof of identity or proof of address, it is mandatory to fill in Depository Account Details.

17. Payment Details

An applicant has an option of making payment either by demand draft, cheque, Credit Card / Debit Card or Net Banking (Payment details are mentioned in guidelines).

18. KYC details

Please note that KYC details are required to be filled by Qualified Foreign Investors (QFIs) and Foreign Institutional Investors (FIIs) only. QFI and FII applicants should submit their physical application form to their concerned Depository Participant (DP).

19. Signature/ Left Thumb Impression

Application must be signed by (i) the applicant; or (ii) Karta in case of HUF; or (iii) Director of a Company; or (iv) Authorised Signatory in case of AOP, Body of Individuals, Local Authority and Artificial Juridical Person; or (v) Partner in case of Firm/LLP; or (vi) Trustee; or (vii) Representative Assessee in case of Minor/deceased/idiot/lunatic/mentally retarded.

It is mandatory to provide Verifier's name, capacity and place in the application.

Documents to be Submitted

For Individuals

• Individual applicants should provide proof of residential address.
• If the applicant is a minor (i.e. below 18 years of age at the time of application), any of the documents as per the lists specified below of any of the parents/ guardian of such minor shall be deemed to be the proof of identity and address of the applicant.

1. Citizen of India Located in India at the Time of Application for PAN

Proof of Identity

Copy of any of the following:

• School leaving certificate
• Matriculation certificate
• Degree of a recognised educational institution
• Depository account statement
• Credit card statement
• Bank account statement/ bank pass book
• Water bill
• Ration card
• Property tax assessment order
• Passport
• Voters Identity Card
• Driving License
• Certificate of identity signed by Member of Parliament or Member of Legislative Assembly or Municipal Councilor or Gazetted Officer.

Proof of AddressCopy of any of the following:

• Electricity bill*
• Telephone bill*
• Depository account statement*
• Credit card statement*
• Bank account statement/bank pass book*
• Rent receipt*
• Employer certificate*
• Passport
• Voters Identity card
• Property tax assessment order
• Driving License
• Ration card
• Certificate of address signed by Member of Parliament or Member of Legislative Assembly or Municipal Councilor or Gazetted Officer.

* documents submitted as proof of address for serial numbers 1 to 7 should not be more than six months old from the date of application.

2. Citizen of India Located Outside India at the Time of Application for PAN

Proof of Identity

Copy of Passport

Proof of Address

Copy of any of the following

• Copy of passport
• Copy of bank account statement in country of residence
• Copy of NRE bank account statement **

3. Foreign Citizen Located in India at the Time of Application for PAN

Proof of Identity

Copy of any of the following

• Copy of passport
• Copy of Person of Indian Origin (PIO) card issued by Government of India

Proof of AddressCopy of any of the following

• Copy of passport
• Copy of bank account statement in India
• Residential permit issued by the State Police Authorities
• Registration certificate issued by the Foreigner's Registration Officer
• Copy of Person of Indian Origin(PIO) card issued by Government of India
• Copy of NRE bank account statement**

4. Foreign Citizen Located Outside India at the Time of Application for PAN

Proof of Identity

• Copy of passport
• Copy of other National ID attested by Indian Embassy/Consulate/High Commission/Apostille
• Copy of Person of Indian Origin(PIO)card issued by Government of India

Proof of AddressCopy of any of the following

• Copy of passport
• Copy of other National ID attested by Indian Embassy/Consulate/High Commission/Apostille
• Copy of bank account statement in country of residence, duly attested by Indian Embassy/High Commission/Consulate/Apostille in the country where applicant is located
• Copy of Person of Indian Origin (PIO) card issued by Government of India
• Copy of NRE bank account statement**
• ** showing at least two customer induced transactions in last six months
• period and duly attested by Indian Embassy / Consular office / High commission or
• Apostille or by the manager of the bank in which the account is held. The applicant may be a joint holder.

For Categories other than Individuals i.e. Firm, BOI, HUF, AOP, AOP(Trust), Local Authority, Company, Artificial Juridical Person

1. Having Office of their Own in India

Proof of Identity and Address

• HUF : Any document prescribed in the case of individuals in respect of Karta of the HUF.
• Company : Copy of Certificate of Registration issued by Registrar of Companies.
• Firms : Copy of Certificate of Registration issued by Registrar of Firms or Copy of Partnership Deed.
• AOP (Trusts) : Copy of Trust Deed or Copy of Certificate of Registration issued by Charity Commissioner.
• AOP/BOI/Local Authority/Artificial Juridical Person : Copy of Agreement or Copy of Certificate of Registration issued by Charity Commissioner or Registrar of Co-operative Society or any other Competent Authority or any other document originating from any Central or State Government Department establishing identity and address of such person.

2. Having No Office of their Own in India

Proof of Identity and Address

Copy of any of the following

• Copy of registration certificate of the respective country duly attested by Indian Embassy/ Consulate/ High Commission/ Apostille in the country where applicant is located.
• Copy of certificate of registration with the competent authority in India.
• Copy of approval issued by the competent authority in India.
• Copy of the accompanying documents alongwith the approval issued by competent authority in India.
• Copy of the application (duly acknowledged) made by the applicant before the competent authority in India.

Do's and Don'ts

DOs

• Do use ' Form 49AA' for making application for allotment of PAN.
• Do fill the application in block letters in English and preferably with black ink.
• Do paste a recent colour photograph (size 3.5 cm X 2.5 cm).
• Do provide the signature within the box.
• If thumb impression is put on the application form, do get the thumb impression attested by Magistrate or a Notary Public or a Gazetted Officer, under official seal and stamp.
• Do provide correct AO code in the application.
• Do specify AO code as below if applicant is a defence employee
  Army – PNE W 55 3
  Navy – MUM W 11 8
  Air Force – DEL W 72 2
• Do attach Proof of Identity (POI) and Proof of Address (POA) as per Rule 114 (4) of Income Tax Rules, 1962.
• Do provide the POI and POA which have name exactly as written in the application.
• Do provide details of Representative Assessee in column 14 of application form, if applicant is Minor, Idiot, Lunatic or Deceased.
• Do provide POI and POA for Representative Assesse also, if Representative Assessee is appointed.
• Do write the complete postal address in the application with landmark.
• Do mention correct pin code in the address field.
• Do mention telephone number / e- mail id in the application.

Don'ts

• Do not overwrite or make corrections in the application.
• Do not pin or staple the photograph.
• Do not sign across the box (i.e. signature should be within the box)
• Do not provide POI and POA which are not in the name of the applicant.
• Do not write any additional details (date, designation, rank, etc.) along with the signature in the box.
• Do not mention Husband's name in the Father's Name column.
• Do not abbreviate your name or do not use initials.
• Do not apply for a new PAN if you already have one.

For further assistance :

• Call TIN Call Centre at 020 – 27218080
• e-mail us at: tininfo@nsdl.co.in
• For tracking the Status of application log on to https://tin.tin.nsdl.com/pan/index.html
• Write to: National Securities Depository Limited, 3rd floor, Sapphire Chambers, Near Baner Telephone Exchange, Baner Pune – 411045
• SMS NSDLPAN <space> Acknowledgment No. & send to 57575 to obtain application status.