PAN Quoting: Know Where It Is Mandatory Under Rule 114B of the Income Tax Act

In India, the Permanent Account Number (PAN) is a ten-digit alphanumeric identifier issued by the Income Tax Department. While quoting PAN is often advisable in financial dealings, it is mandatory in specific transactions under Rule 114B of the Income Tax Rules, in accordance with Section 139A(5)(c) of the Income Tax Act.

This blog aims to provide a detailed explanation of when and where PAN must be quoted, especially focusing on the transactions listed under Rule 114B. By the end, you will have a clear understanding of compliance requirements and the importance of PAN in ensuring financial transparency and avoiding penalties.

Why Is PAN Important?

PAN serves as a universal identification key for all financial transactions and helps the Income Tax Department in tracking tax evasion. It is required for:

  • Filing Income Tax Returns
  • Opening bank accounts
  • High-value financial transactions
  • Investing in securities
  • Property dealings, and more

To curb the misuse of funds and maintain a robust financial tracking mechanism, the government has specified certain transactions where quoting of PAN is mandatory.

Rule 114B: Transactions Where PAN Is Mandatory

As per Rule 114B, PAN must be quoted in the documents pertaining to the following transactions:

Sl. No.Nature of TransactionValue Threshold
1Sale or purchase of a motor vehicle (except two-wheelers)All such transactions
2Opening an account (other than time deposit and Basic Savings Bank Deposit Account) with a bank or co-operative bankAll such transactions
3Applying for a credit or debit cardAll such transactions
4Opening of a demat account with a depository or custodian of securitiesAll such transactions
5Hotel or restaurant bill paymentPayment in cash exceeding ₹50,000 at one time
6Foreign travel or currency purchasePayment in cash exceeding ₹50,000 at one time
7Payment to a Mutual FundExceeding ₹50,000
8Purchase of debentures or bonds from a company or institutionExceeding ₹50,000
9Purchase of bonds from RBIExceeding ₹50,000
10Cash deposits in bank or post office> ₹50,000/day or > ₹2,50,000 (Nov 9–Dec 30, 2016)
11Purchase of bank drafts/pay orders/banker’s chequesPayment in cash > ₹50,000/day
12Time deposit in banks, NBFCs, Nidhi companies, Post Office> ₹50,000 or total > ₹5,00,000/year
13Pre-paid instruments like walletsAggregate > ₹50,000/year
14Life insurance premium paymentAggregate > ₹50,000/year
15Contract for sale/purchase of securities (other than shares)Amount > ₹1,00,000
16Sale/purchase of unlisted sharesAmount > ₹1,00,000
17Sale/purchase of immovable propertyAmount or stamp duty value > ₹10,00,000
18Sale/purchase of any goods or services (not listed above)Transaction value > ₹2,00,000

Special Provisions Under Rule 114B

1. Minors

If the person entering into the transaction is a minor without taxable income, the PAN of the parent or guardian must be quoted.

2. Form 60 Declaration

In case a person does not have a PAN, they must furnish a declaration in Form 60. This can be submitted either:

  • In physical form, or
  • Electronically using an electronic verification code (EVC).

Form 60 must include details of the transaction and identity/address particulars.

3. Foreign Companies in IFSC Units

Foreign companies that:

  • Do not have income taxable in India, and
  • Do not have a PAN,

can submit Form 60 for transactions related to opening an account or time deposit in IFSC (International Financial Services Centre) banking units.

Exempted Entities

Certain entities are exempt from quoting PAN, even for transactions listed above:

  • Central and State Governments
  • Consular Offices
  • Non-residents (defined under Section 2(30) of the Income Tax Act), except for transactions listed under Sl. No. 1, 2, 4, 7, 8, 10, 12, 14, 15, 16, and 17.

This means NRIs making high-value hotel payments or purchasing goods above ₹2 lakh may not need to quote PAN, but must quote PAN when investing in securities, mutual funds, or purchasing property.

Penalties for Non-Compliance

Failure to quote PAN in the specified transactions can attract a penalty under Section 272B of the Income Tax Act. The penalty may extend to ₹10,000 for each default. Moreover, banks and financial institutions may refuse to process transactions if PAN/Form 60 is not provided.

Impact on Financial Institutions

Banks, mutual funds, insurance companies, and NBFCs are required to ensure that PAN is quoted and validated. They are also responsible for:

  • Collecting Form 60 where PAN is not available
  • Ensuring compliance with Know Your Customer (KYC) norms
  • Reporting high-value transactions to the Income Tax Department

Practical Scenarios Where PAN Is Often Missed

Despite clear mandates, there are areas where people unintentionally skip quoting PAN:

  • Buying jewellery worth over ₹2 lakh (covered under goods and services)
  • Paying large school/college donations or fees
  • Making cash deposits exceeding the threshold
  • Purchasing high-value home appliances or electronics

In such cases, failure to quote PAN can result in a red flag during audits or scrutiny by tax authorities.

Final Words

The Government of India, through Rule 114B, has laid down a comprehensive list of transactions where quoting PAN is not just advisable but mandatory. Whether you are an individual, a business, or a foreign entity operating in India, it is crucial to understand these provisions and ensure compliance.

If you don’t have a PAN and still wish to complete a high-value transaction, don’t forget to furnish Form 60. And if you’re a minor or a non-resident, check whether your specific transaction qualifies for an exemption.

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