Mitigating Tax Penalties through Timely Verification of PAN Status
Tax Deducted at Source (TDS) plays a crucial role in the Indian tax framework, requiring specified individuals to deduct taxes before certain payments are made. However, the correct deduction of TDS hinges not only on the specified rate but also on the PAN-Aadhaar linking status of the deductee. Failure to verify this status can lead to severe penalties and legal repercussions for the deductor. Let’s delve into why checking PAN status on the deduction date is imperative to avoid income tax notices.
Understanding the Significance of PAN Verification
The responsibility of deducting TDS falls on the deductor, who must ensure accurate deduction and timely deposit of the deducted amount with the government. Failure to verify the PAN status of the deductee can result in the deduction of a lower TDS amount, leading to legal liabilities and penalties for the deductor.
According to Mihir Tanna, associate director-direct tax at S.K Patodia LLP, a CA firm, neglecting to verify the PAN status on the deduction date exposes the deductor to all legal repercussions. As such, it becomes essential for deductors to verify the operational status of the deductee’s PAN before deducting TDS.
Importance of PAN Verification on Deduction Date
TDS deducted must be deposited with the government within a specified timeframe. However, if the deductee’s PAN is inoperative at the time of deduction but becomes operative before the deposit deadline, a higher TDS amount must be deducted.
For instance, if TDS is deducted on March 20 and deposited on April 15, the deductor must ensure that the deductee’s PAN is operational on the deduction date. Failure to do so may result in TDS notices from the tax department for short deduction.
Transactions Subject to TDS Deduction
Several transactions necessitate TDS deduction or collection, including:
- Rent from house property exceeding Rs 50,000 per month.
- Sale of immovable property of Rs 50 lakh or more.
- Payment to resident contractors and professionals exceeding specified limits.
- Salary payments.
- Expenditure on foreign remittance in specific cases.
Verifying PAN Status
Individuals can verify the PAN status by visiting the Income-tax department’s website and accessing the ‘Verify PAN Status’ option under the ‘Quick Links’ section. This online tool allows users to verify PAN details by providing basic information such as PAN, full name, date of birth, and other relevant details.
Consequences of Incorrect TDS Deduction
Failure to deduct the correct amount of TDS can lead to various challenges, including additional interest, penalties, and legal proceedings. It is crucial for deductors to diligently adhere to TDS provisions to avoid financial liabilities and legal repercussions.
