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APPLICABLE FROM 01/01/2016 -QUOTING OF PAN & REPORTING OF CASH TRANSACTION OF SALE/PURCHASE OF GOODS & SERVICES EXCEEDING RS. 2.00 LAC

CAGOPALJI AGRAWAL
Reporting of high value transactions: PAN recording, Form 60 KYC and periodic returns required for cash and non cash sales above the threshold. Rule 114B mandates that sellers of high value goods or services record buyer and seller PAN on invoices and verify PAN copies when the buyer has PAN. If the buyer lacks PAN, the seller must obtain Form 60 with KYC, register once as a reporting entity, and file half yearly returns for such transactions. Cash high value transactions trigger additional reporting obligations including registration as a reporting entity, PAN recording/verification or Form 60 collection, half yearly reporting for non PAN buyers, and an annual return to the tax intelligence unit. (AI Summary)

INCOME TAX NOTIFICATION NO. SO 3545E DT. 30/12/2015

SALIENT FEATURES OF RULE 114 B- SL. NO. 18 OF TABLE

FOR ASSESSEE COVERED U/S 44AB OF IT ACT, 1961

Sales or purchase of any goods and services exceeding ₹ 2.00 lacper transaction

(with effect from (w.e.f.) Jaunuary 1, 2016

[Other than motor vehicles, hotel or restaurant bill, foreign travel expense, securities, LIC, immovable property etc. (covered otherwise by specific rules)]

SITUATION I (W.E.F. JANUARY 1, 2016 ONWARDS)

TRANSACTION OF SALE/PURCHASE OF ANY GOODS/SERVICES EXCEEDING ₹ 2.00 LAC PER TRANSACTION AND BUYER HAS PAN

ACTION REQUIRED

  1. PAN of seller and buyer to be written on the invoice itself
  2. Verify the pan of buyer by taking copy of PAN card
  3. No other compliance/filing of returns required

SITUATION II (W.E.F.JANUARY 1, 2016 ONWARDS)

TRANSACTION OF SALE or PURCHASE OF ANY GOODS/SERVICES EXCEEDING ₹ 2.00 LAC PER TRNSACTION BUT BUYER HAS NO PAN

ACTION REQUIRED

  1. One time registration as reporting entity from Income Tax Department
  2. PAN of seller to be written on the invoice itself
  3. Form no 60 to be taken from buyer at the time of transaction with Id and address proof -KYC
  4. A return in form no. 61 to be filed Half Yearly for such transactions (last date being 31st October for the half year ending September 30 and 30th April for the half year ending March 31. (since rules are applicable from January 1, 2016 hence first report in form 61 will be for the period January , 2016 to March 31, 2016

CASHTRANSACTIONS OF SALE OR PURCHASE

TO BE REPORTED W.E.F. 01/04/2016

SITUATION III

TRANSACTION OF SALE or PURCHASE OF ANY GOODS/SERVICES EXCEEDING ₹ 2.00 LAC PER TRANSACTION ON CASH BASIS EVEN THOUGH BUYER HAS PAN

ACTION REQUIRED

  1. One time registration to be obtained by seller as reporting entity from IT Department
  2. PAN of seller and buyer to be written on the invoice itself
  3. Verify the PAN of buyer by taking copy of PAN card
  4. Annual Return in Form no. 61A to be filed latest by 31st May for the complete financial year 2016-17 onwards with Director/Joint Director of Income-tax (Intelligence and Criminal Investigation).

SITUATION IV

TRANSACTION OF SALE OR PURCHASE OF ANY GOODS/SERVICES EXCEEDING ₹ 2.00 LAC PER TRANSACTION ON CASH BASIS AND BUYER HAS NO PAN

ACTION REQUIRED

  1. One time registration to be obtained by seller as reporting entity from IT Department
  2. PAN of seller to be written on the invoice itself
  3. Form no 60 to be taken from buyer at the time of transaction with id and address proof
  4. A return in form no. 61 to be filed Half Yearly for such transactions (last date being 31st October for the half year ending September 30 and 30th April for the half year ending March 31. (since rules are applicable from January 1, 2016 hence first report in form 61 will be for the period January , 2016 to March 31, 2016
  5. Annual return in form no. 61A to be filed latest by 31st May for the complete financial year 2016-17 onwards with Director/Joint Director of Income-tax (Intelligence and Criminal Investigation)

These are the personal views of the authors.

CA. Gopal Ji Agrawal

CA. S.S. Gupta

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Anubhav Jain on Nov 16, 2016

Hello,

if my CA mentions cash sale( above 2 lakhs) and pan no (let's assume it 12345) with them In my files.

Can the income tax department track this transaction just by the pan no (12345) without opening my files.

how? ( doubt is how do they track the cash transactions excluding bank transactions by the pan no)

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