Answer

ITR

Higher TDS default when the deductee PAN is inoperative

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  1. Facts

    Where a deductee's PAN is inoperative for not linking Aadhaar, TDS has to be deducted at the higher rate under Sec 206AA (now Sec 397(2)). If you deducted at the normal rate, CPC shows a short deduction.

  2. Provisions and law

    • Sec 206AA, Income-tax Act 1961 (now Sec 397(2), Income-tax Act 2025)Higher TDS, generally 20%, where the deductee has no valid or operative PAN
    • Sec 139AA, Income-tax Act 1961 (now Sec 262, Income-tax Act 2025)PAN holders must intimate Aadhaar; an unlinked PAN becomes inoperative
    • CBDT Circular No. 03 of 2023From 1 July 2023 an inoperative PAN gets no refund, no interest on refund, and higher TDS and TCS
  3. Analysis

    Check the PAN status on the e-Filing portal before paying. Example: rent of ₹60,000 a month to a landlord with an inoperative PAN needs TDS at the higher rate instead of the normal rate, and the shortfall becomes your default. CBDT has given one-time relief in the past where PANs became operative by a set date, so check any current circular before paying the difference. Ask the deductee to link Aadhaar quickly.

  4. Conclusion

    1. Verify PAN status on the e-Filing portal
    2. Ask the deductee to link Aadhaar and pay the fee
    3. Check any CBDT relief circular for the period
    4. If no relief applies, pay the difference with interest and correct the statement

Check PAN status before every big payment; the default falls on the deductor.

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TDS default, Sec 200A / 201 (now 399 / 398)

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