Filing of Applications

  • Application for Advance Ruling
  • No deduction / Lower rate deduction of TDS
  • Rectification of mistake u/s 154
  • Revision u/s 264
  • Settlement Application -Form 34B
  • Allotment of Permanent Account Number
  • Allotment of TDS and TCS Number
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Application for Advance Ruling

A resident taxpayer may have some taxation issues in respect of a transaction which has been undertaken or proposed to be undertaken with a non-resident. Similarly, a non resident may have some taxation issues in respect of transaction which has been undertaken or proposed to be undertaken by him in India. In order to get clarification on taxation of those transactions, a person can make an application to the Authority for Advance Rulings (‘AAR’) for obtaining an advance ruling in such form and in such manner as may be prescribed, stating the question on which the advance ruling is sought. The application shall be made in quadruplicate and be accompanied by a fee as applicable for the subject matter. The said application can be withdrawn by an applicant within thirty days from the date of the application.

No deduction / lower rate deduction of TDS

If the Income of any person or sum payable to any person is subjected to deduction of tax at source (TDS) at the time of credit or at the time of payment at the rates in force under different sections of the Income tax Act, 1961 then the person may make an application to the Income tax Officer for lower deduction / no deduction of TDS and if the Income tax Officer is satisfied that the total income of the person justifies the deduction of income-tax at any lower rates or no deduction of income-tax, as the case may be, the Income tax Officer shall, give to him certificate under section 197 of the Income tax Act, 1961 as may be appropriate. Once the said certificate is obtained from the Income tax Officer than the person will submit the same with the person responsible for paying the income and he shall, until such certificate is cancelled by the Assessing Officer, deduct income-tax at the rates specified in such certificate or deduct no tax, as the case may be.

Rectification of Mistake under section 154 of the Income tax Act, 1961

Sometimes there may be a mistake in any order passed by the Income tax Officer or there may be a mistake in the documents / return filed by the person as a result of which the Intimation / order also comes out to be erroneous. In such a situation, mistake which is apparent from the record can be rectified under section 154 of the Income tax Act, 1961.

There are two possibilities i.e. The income-tax authority can rectify the mistake on its own motion or the person / taxpayer can intimate the mistake to the income-tax authority by making an application to rectify the mistake. The taxpayer can also file an online application for rectification of mistake at e-filing portal of CPC (www.incometaxindiaefiling.gov.in)

With a view to rectifying any mistake apparent from the record, an income-tax authority may amend any order / intimation passed under any provisions of the Income-tax Act, 1961. However, Before filing application for rectification of mistake one should confirm that the mistake is one which is clear from the records and it is not a mistake which requires debate, elaboration, investigation, etc.

Revision under section 264 of the Income tax Act, 1961

An assessee aggrieved by an order passed by the Income tax Officer may prefer an application to the Commissioner of Income tax for revising the orders passed by the Income tax Officer subordinate to the Commissioner of Income tax. A remedy under section is provided only to meet a situation faced by an aggrieved person who is unable to approach the appellate authorities for relief and has no other alternative remedy under the Act. It is important to note that even those orders which are not appealable before the Deputy Commissioner of Income tax (Appeals) or before the Commissioner of Income tax (Appeals), the same may be referred by the person assessee to the Commissioner of Income tax for seeking revision or modification.

Settlement Application - Form 34B

A person at any stage of a case relating to him, may make an application with the settlement commission to have the case settled in relation to a full and true disclosure of his income which has not been disclosed before the Assessing Officer. The application will be made in Form 34B and in such manner as may be prescribed, wherein the manner in which such income has been derived, the additional amount of income-tax payable on such income and such other particulars as may be prescribed, are required to be filled. Before filing Settlement application, the applicant must pay the tax and interest on the additional income ought to be disclosed in the application.

However, application can be made if the additional amount of income-tax payable on the income disclosed in the application exceeds ten lakh rupees / fifty lakhs rupees depending upon the section of the Income tax Act 1961 under which the assessment proceedings are initiated,

Allotment of Permanent Account Number

Permanent Account Number is a 10-digit alphanumeric number issued by the Income-tax Department ( referred as PAN). PAN is to be obtained for filing Return of Income and now a days also required for specified financial transactions. Application for fresh allotment of PAN for Resident citizens (Form 49A) and Foreign citizens (Form 49AA) is made online. Further, requests for changes or correction in PAN data or request for reprint of PAN card (for an existing PAN) may also be made through online mode only.

Offline application for allotment / reprint / reissue of PAN can also be filed in duplicate and submitted to any designated TIN-Facilitation Centre

Online application can be made either through the portal of NSDL (https://tin.tin.nsdl.com/pan/index.html) or portal of UTITSL (https://www.utiitsl.com/UTIITSL_SITE/pan/index.html). The charges for applying for PAN depends on "whether e-PAN Card or Physical PAN Card is opted" and also on the communication address. Payment of application fee can be made through credit/debit card, demand draft or net-banking. Once the application and payment is accepted, the applicant is required to send the supporting documents through courier/post to NSDL/UTITSL. Only after the receipt of the documents, PAN application would be processed by NSDL/UTITSL.

Allotment of TDS and TCS Number

Tax Deduction Account Number or Tax Collection Account Number is a 10-digit alphanumeric number issued by the Income-tax Department (referred as TAN). TAN is to be obtained by all persons who are responsible for deducting tax at source (TDS) or who are required to collect tax at source (TCS). However, a person required to deduct tax under section 194-IA at the time of purchase of Immovable property can use PAN in place of TAN as such person is not required to obtain TAN.

Offline application for allotment of TAN can also be filed in duplicate and submitted to any designated TIN-Facilitation Centre

Online application can be made either through the portal of NSDL (https://tin.tin.nsdl.com/pan/index.html) or portal of UTITSL (https://www.utiitsl.com/UTIITSL_SITE/pan/index.html). The charges for applying for TAN is charged Rs. 65. Payment of application fee can be made through credit/debit card, demand draft or net-banking. Once the application and payment is accepted, the applicant is required to send the supporting documents through courier/post to NSDL/UTITSL. Only after the receipt of the documents, TAN application would be processed by NSDL/UTITSL.