Recently CBDT has issued a notification about application of PAN for Companies intending incorporation can now apply for PAN in Form INC-7 prescribed under Companies Act, 2013.
In the Income-tax Rules, 1962, –
(1) in rule 114, –
(a) in sub-rule (1), the following proviso shall be inserted, namely:-
“Provided that in case of an applicant, being a company which has
not been registered under the Companies Act, 2013 (18 of 2013),
the application for allotment of a Permanent Account Number may
be made in Form No. INC-7 specified under sub-section (1) of
section 7 of the said Act for incorporation of the company.”;
(b) in sub-rule (4),-
(i) in the opening portion, after the words, brackets and figure
“referred to in subrule (1)” the brackets, words and figure
“[other than that referred to in the proviso to sub-rule (1)]”
shall be inserted;
(ii) in the TABLE, in column (4),-
(I) against Sl. No. (1), for item (C) the following item shall
be substituted, namely:-
“(C) Proof of date of birth—
copy of the following documents if they bear the name, date,
month and year of birth of the applicant, namely:-
(a) birth certificate issued by the municipal authority or any office authorised to issue birth and death certificate by the Registrar of Birth and Deaths or the Indian Consulate as defined in clause (d) of subsection (1) of section 2 of the Citizenship Act, 1955 (57 of 1955); or
(b) pension payment order; or
(c) marriage certificate issued by the Registrar of Marriages; or
(d) matriculation certificate or mark sheet of recognised board; or
(e) passport; or
(f) driving licence; or
(g) domicile certificate issued by the Government; or
(h) aadhar card issued by the Unique Identification Authority of India; or
(i) elector’s photo identity card; or
(j) photo identity card issued by the Central Government or State Government or Central Public Sector Undertaking or State Public Sector Undertaking; or
(k) Central Government Health Service Scheme photo card or Exservicemen Contributory Health Scheme photo card; or
(l) affidavit sworn before a magistrate stating the date of birth.”;
(II) against Sl. No. 3, for the words “Copy of Certificate of Registration issued by the Registrar of Companies.”, the following shall be substituted, namely:-
“(a) Copy of Certificate of Registration issued by the Registrar
of Companies; or
(b) corporate identity number allotted by the Registrar under
section 7 of the Companies Act, 2013 (18 of 2013).”;
(2) in rule 114A, in sub-rule (1), the following proviso shall be inserted,
namely:-
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Before this notification the procedure to get Pan is that apply in Form INC-7 along with DIR-12 shall be submitted to Ministry of Corporate Affairs on or before 60 days from the date of approval of name. An application of PAN for Incorporation of Company should be in Form INC-7 and after the incorporation of company, PAN shall be applied.
The latest notification provides modification in the Income Tax Rules, 1962. as 5th Amendment are as under:
In the Income-tax Rules, 1962, –
(1) in rule 114, –
(a) in sub-rule (1), the following proviso shall be inserted, namely:-
“Provided that in case of an applicant, being a company which has
not been registered under the Companies Act, 2013 (18 of 2013),
the application for allotment of a Permanent Account Number may
be made in Form No. INC-7 specified under sub-section (1) of
section 7 of the said Act for incorporation of the company.”;
(b) in sub-rule (4),-
(i) in the opening portion, after the words, brackets and figure
“referred to in subrule (1)” the brackets, words and figure
“[other than that referred to in the proviso to sub-rule (1)]”
shall be inserted;
(ii) in the TABLE, in column (4),-
(I) against Sl. No. (1), for item (C) the following item shall
be substituted, namely:-
“(C) Proof of date of birth—
copy of the following documents if they bear the name, date,
month and year of birth of the applicant, namely:-
(a) birth certificate issued by the municipal authority or any office authorised to issue birth and death certificate by the Registrar of Birth and Deaths or the Indian Consulate as defined in clause (d) of subsection (1) of section 2 of the Citizenship Act, 1955 (57 of 1955); or
(b) pension payment order; or
(c) marriage certificate issued by the Registrar of Marriages; or
(d) matriculation certificate or mark sheet of recognised board; or
(e) passport; or
(f) driving licence; or
(g) domicile certificate issued by the Government; or
(h) aadhar card issued by the Unique Identification Authority of India; or
(i) elector’s photo identity card; or
(j) photo identity card issued by the Central Government or State Government or Central Public Sector Undertaking or State Public Sector Undertaking; or
(k) Central Government Health Service Scheme photo card or Exservicemen Contributory Health Scheme photo card; or
(l) affidavit sworn before a magistrate stating the date of birth.”;
(II) against Sl. No. 3, for the words “Copy of Certificate of Registration issued by the Registrar of Companies.”, the following shall be substituted, namely:-
“(a) Copy of Certificate of Registration issued by the Registrar
of Companies; or
(b) corporate identity number allotted by the Registrar under
section 7 of the Companies Act, 2013 (18 of 2013).”;
(2) in rule 114A, in sub-rule (1), the following proviso shall be inserted,
namely:-
“Provided that in case of an applicant, being a company which has not been registered under the Companies Act, 2013 (18 of 2013), the application for allotment of a tax deduction and collection account number may be made in Form No. INC-7 specified under sub-section (1) of section 7 of the said Act for incorporation of the company.”.
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