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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
New Regulations: PAN Required for Transactions Over 2 Lakh; Form 60 & 61A Filing for Non-PAN Holders Effective January 1, 2016, transactions involving the sale or purchase of goods or services exceeding 2 lakh require quoting the Permanent Account Number (PAN) of both parties on the invoice. If the buyer lacks a PAN, sellers must register as a reporting entity, obtain Form 60 from the buyer, and file returns in Form 61 biannually. For cash transactions over 2 lakh, sellers must register, quote PAN on invoices, and file an annual return in Form 61A by May 31. These regulations aim to enhance transparency and tracking of high-value transactions by the Income Tax Department. (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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