Harun Raaj & AssociatesHarun Raaj & Associates
Company Law & MCA Compliance

PAN & TAN Registration

PAN & TAN

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Regulatory Framework

PAN is governed by Section 139A, Income-tax Act 1961, read with Rule 114, Income-tax Rules 1962 (Form 49A) — mandatory for every company from the point of incorporation, regardless of income or turnover, since a company is treated as a person required to hold PAN irrespective of whether it has taxable income in a given year. TAN is governed by Section 203A, Income-tax Act 1961 (Form 49B) — mandatory for any person or entity required to deduct tax at source (TDS) or collect tax at source (TCS); quoting TAN is compulsory on all TDS/TCS returns, payment challans, and certificates issued to deductees, and a person required to deduct tax but who fails to obtain a TAN is liable to a penalty of ₹10,000 under Section 272BB. For companies incorporated in India, both PAN and TAN are auto-allotted at the point of incorporation through the integrated SPICe+/AGILE-PRO-S filing under Section 7, Companies Act 2013, without any separate application — a change from the pre-SPICe+ regime where PAN/TAN had to be applied for independently after incorporation.

Overview

PAN and TAN registration is the obtainment of the two tax identities every taxpayer needs under the Income-tax Act 1961 — the Permanent Account Number under Section 139A, the ten-digit identity for the income tax and the financial transactions, and the Tax Deduction and Collection Account Number under Section 203A, the identity for the deductors who deduct or collect the tax. The PAN is obtained online through the NSDL or the UTIITSL portals with the KYC documents, and the TAN is obtained for the entities that deduct the TDS under Section 194 and the related provisions.

The PAN is the identity that follows the taxpayer through the tax system — the returns, the TDS, the high-value transactions — and the TAN is the identity that the deductors quote in the TDS returns and the certificates. The PAN is mandatory for the taxpayers and the transactions above the prescribed values under Section 139A, and the TAN is mandatory for the deductors and the collectors under Section 203A. Without them, the tax machinery cannot run.

The cost of the missing PAN or TAN is the blocked transaction and the penalty: the return that cannot be filed, the TDS that cannot be deducted and the consequences under Section 272B for the failure to obtain the PAN, and the deductors operating without the TAN.

This service is for individuals, businesses and entities needing PAN or TAN. We determine the requirement under Sections 139A and 203A, prepare and file the applications online with the KYC documents, obtain the PAN and the TAN, and set up the linkages — the bank accounts, the TDS accounts, the return filings — so the taxpayer's identities are in place and quoted wherever the Act requires.

How It Works

  1. 1

    Requirement Determination

    We determine the PAN or the TAN requirement and the applicant type.

    Harun Raaj & Associates does this1-2 days
  2. 2

    Documents & KYC

    We prepare the documents and the KYC for the application.

    Harun Raaj & Associates does this2-3 days
  3. 3

    Application Filing

    We file the application online through the portals.

    Harun Raaj & Associates does this3-7 days
  4. 4

    Allotment

    We obtain the PAN or the TAN allotment.

    Government1-2 weeks
  5. 5

    Linkage & Setup

    We link the identities with the bank, the TDS and the return processes.

    Harun Raaj & Associates does this1 week

Frequently Asked Questions

Is PAN mandatory for a newly incorporated private limited company, and when must it be obtained?
Yes. Under Section 139A of the Income Tax Act 1961, every company is required to apply for a Permanent Account Number. For newly incorporated companies, the Ministry of Corporate Affairs provides an integrated SPICe+ form through which PAN and TAN are applied for simultaneously at the time of incorporation, and NSDL/UTIITSL typically issues the PAN within 7 working days of incorporation. A company without a PAN cannot open a bank account, file income tax returns, or receive payments above ₹20,000 in cash without inviting the payer to deduct TDS at the higher rate of 20% under Section 206AA of the Income Tax Act 1961. The PAN must be quoted on all correspondence with income tax authorities, TDS certificates, and high-value financial transactions as specified in Rule 114B of the Income Tax Rules 1962.
Which entities are required to obtain TAN, and what is the penalty for deducting TDS without a TAN?
Under Section 203A of the Income Tax Act 1961, every person responsible for deducting TDS (Tax Deducted at Source) or collecting TCS (Tax Collected at Source) must obtain a Tax Deduction and Collection Account Number (TAN) before making any such deductions. This covers companies, firms, LLPs, individuals and HUFs with business or professional income, trusts, and government offices. TAN is applied for via Form 49B filed with NSDL/UTIITSL. Failure to obtain TAN before deducting TDS attracts a penalty of ₹10,000 under Section 272BB of the Income Tax Act 1961 per default; additionally, quoting an incorrect TAN on TDS returns or challans also attracts the same penalty. TDS returns cannot be filed without a valid TAN, which leads to cascading late-filing fees under Section 234E at ₹200 per day.
Can a foreign company operating in India through a branch or liaison office obtain a PAN?
Yes. A foreign company, branch office, liaison office, or project office registered in India with the Reserve Bank of India or the Registrar of Companies is required to obtain a PAN under Section 139A of the Income Tax Act 1961 if it has any Indian-source income or is responsible for deducting TDS. The application is made in Form 49AA (for foreign entities) to NSDL/UTIITSL along with proof of identity and address of the entity (certificate of incorporation from home country, apostilled and translated if required) and proof of the Indian office address. A liaison office (permitted under FEMA) is not allowed to earn income in India but still needs a PAN to comply with TDS deduction obligations on payments to Indian vendors, as required under the Income Tax Act. The Assessing Officer (International Taxation) jurisdiction applies to foreign companies for all income tax matters.
What documents are required for PAN registration for an individual proprietor running a new business?
An individual applying for PAN uses Form 49A filed with NSDL/UTIITSL or through the income tax e-filing portal. For identity proof, any one of: Aadhaar, voter identity card, passport, or driving licence is acceptable as specified under Rule 114(4) of the Income Tax Rules 1962. For address proof, any one of: Aadhaar, utility bill (not older than three months), bank account statement, or passport is accepted. For an individual proprietor, there is no separate business-PAN — the proprietor's individual PAN serves as the business PAN, and the business name is not separately registered on the PAN card. However, if the proprietor wishes to register under GST or open a business bank account, the individual PAN is sufficient, and no additional business-entity PAN is required since a proprietorship has no separate legal existence distinct from its owner.
What is the consequence of quoting a wrong PAN or not quoting PAN at all when filing a TDS return?
Under Section 272B of the Income Tax Act 1961, failure to comply with any provision of Section 139A — including quoting an incorrect or invalid PAN — attracts a penalty of ₹10,000 per default. When a deductee's PAN is not available or is incorrect, the TDS rate defaults to 20% (or the applicable rate, whichever is higher) under Section 206AA of the Income Tax Act 1961, which significantly increases the tax burden on the deductee. TDS returns filed with invalid PANs are rejected by the TRACES/TDSCPC system and are treated as short-deduction or non-filing, triggering a demand under Section 200A. The deductee also cannot claim credit for TDS in their income tax return if the PAN is misquoted, since the credit flows from Form 26AS which is PAN-linked. It is therefore essential to validate the deductee's PAN via the income tax portal before deducting TDS on any payment.

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