The Income Tax Department has been advertising via newspaper and other mediums reminding PAN card holders to link it with their Aadhaar numbers.
As per the advertisement, the last date to link PAN with Aadhaar is March 31, 2019. Earlier this deadline was June 30, 2018.
Though the advertisement specifies the ways to link the two, it does not state what will happen if
your PAN is not linked with Aadhaar post March 31.
Chartered accountants and legal experts have differing opinions on this.
Chartered Accountant Naveen Wadhwa, DGM, Taxmann.com says, "Section 139AA of the Income-tax Act was introduced by the Finance Act, 2017 to provide for mandatory quoting of Aadhaar/Enrolment ID of Aadhaar application in income tax return (ITR) and for applying for allotment of PAN with effect from July 1, 2017. Section 139AA(2) provides that every person who has been allotted PAN as on the first day of July, 2017, and who is eligible to obtain Aadhaar, shall intimate his Aadhaar on or before a date to be notified by the Central Government. In this regard, the first order [F.NO.225/270/2017/ITA.II] was issued by the Government on 31-07-2017. In this order, the Government extended the due date of filing of return for AY 2017-18 from 31 July, 2017 to 5 August, 2017 and also prescribed the due date of linking of Aadhaar with PAN. The linking was required to be done before 31 August, 2017. However, the due date for linking of Aadhaar with PAN was extended multiple times through various orders. The current deadline is 31.03.2019. Hence, it is mandatory to link Aadhaar with PAN by 31.03.2019, otherwise PAN shall be deemed to be invalid."
Sharing a similar view, Abhishek Soni, CEO, tax2win.in, a tax-filing website says, "If PAN is not linked with Aadhaar by March 31, 2019, then the PAN may be considered as invalid as per Section 139AA of the Income Tax Act, 1961. Consequently, in our view, the PAN holder will not be able to file ITR. It will be treated that such person does not hold a valid PAN. Also, this provision is applicable to all PAN holders who have been allotted PAN as on July 1, 2017, and who are eligible to obtain Aadhaar number."
Delhi-based practising chartered accountant, Sachin Vasudeva says, "The Government amended the Income Tax Act by inserting Section 139AA(2) wherein it is provided that: Every person who has been allotted permanent account number as on the 1st day of July, 2017, and who is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to such authority in such form and manner as may be prescribed, on or before a date to be notified by the Central Government in the Official Gazette. Provided that in case of failure to intimate the Aadhaar number, the PAN allotted to the person shall be deemed to be invalid and the other provisions of this Act shall apply, as if the person had not applied for PAN. This indicates that this requirement applies to every PAN holder who is eligible to obtain Aadhaar number. The consequences for non-linking would be that PAN shall be deemed to be invalid and the other provisions of the Act shall apply as if the person had not applied for PAN. This would mean that theoretically penalty under section under section 292B of the Act amounting to Rs 10,000 could be levied on the person. Further, returns will not be processed until linkage of Aadhaar and PAN is done. This could also result in a tax payer not being able to deposit the tax, file his/her return which could result in losses not being carried forward and denial of certain benefits/deductions which are allowed only if return is filed up to the due date u/s 139(1) of the Act. Further consequences could be that the person may not be able to deduct tax u/s 194-IA and section 194-IB. Under these sections the payment is made based on the PAN of the person making the payment. If the PAN is deemed invalid, the person may not be able to deposit the tax under the above sections."
Taking a contrary view, S Vasudevan, Partner, LakshmiKumaran & Sridharan Attorneys says, "The mandate to link Aadhaar to PAN comes in terms of section 139AA(2). Section 139AA(2) applies to all individuals who hold a PAN as on 1st July 2017 and are eligible to obtain Aadhaar. However, the deadline to link Aadhaar to PAN was to be notified by the Central Government in the Official Gazette. As per our research and information, no such notification fixing the deadline has been issued by the Central Government under section 139AA(2). In the absence of such a notification, the legal position is that there is no deadline, at present, for linking Aadhaar to PAN under section 139AA(2). The requirement of linking Aadhaar with PAN is an additional requirement under section 139AA(2) (other than the requirement of quoting Aadhaar in return of income in terms of section 139AA(1)) and was to be complied by the date (deadline) to be notified by the Central Government in the Official Gazette. In spite of the fact that such deadline for linking has not been notified till date by the Central Government, the CBDT orders issued under section 119 seem to have proceeded under the wrong assumption as if there is already such deadline and that they are extending such deadline. Thus, the CBDT orders issued under section 119 seem to be extending a deadline, which does not exist in the first place. Therefore, the legal validity of these CBDT orders issued under section 119, to the extent it relates to the so-called extension of the deadline for linking of Aadhaar to PAN, is highly questionable. There is no definitive answer available in the language of these CBDT orders issued under section 119 regarding the category of individuals to whom this deadline of 31st March 2019 is applicable."
Shalini Jain, Partner, People Advisory Services, EY India says, "The deadline of 31 March 2019 notified by CBDT for linking of Aadhaar with PAN is relevant for those taxpayers who have filed returns for financial year 2016-17 (assessment year 2017-18) without linking Aadhaar with PAN. Their returns will not be processed unless such linking is done by 31 March 2019. Those taxpayers who have filed their returns for financial year 2016-17 or 2017-18 by linking Aadhaar with PAN need not worry about the deadline of 31 March 2019.
The deadline is also relevant for tax payers who have not filed their returns for financial year 2017-18 and want to file belated return before 31 March 2019. Section 139AA (2) provides that if linking is not done by a date to be notified by CBDT, the PAN would be deemed to be invalid. However, this date is not yet notified as yet. But it is advisable to comply with linking as soon as possible."
Conclusion
Though there is difference of opinion regarding whether your PAN will become invalid or not after the expiry of March 31, 2019 deadline, it is advisable that one links his/her PAN with Aadhaar to avoid the consequences of failing to do so. This is because Supreme Court in its judgement on Aadhaar has upheld the validity of Section 139AA of the Income Tax Act and thereby making it mandatory to link PAN and Aadhaar.
As per the advertisement, the last date to link PAN with Aadhaar is March 31, 2019. Earlier this deadline was June 30, 2018.
Though the advertisement specifies the ways to link the two, it does not state what will happen if
your PAN is not linked with Aadhaar post March 31.
Chartered accountants and legal experts have differing opinions on this.
Chartered Accountant Naveen Wadhwa, DGM, Taxmann.com says, "Section 139AA of the Income-tax Act was introduced by the Finance Act, 2017 to provide for mandatory quoting of Aadhaar/Enrolment ID of Aadhaar application in income tax return (ITR) and for applying for allotment of PAN with effect from July 1, 2017. Section 139AA(2) provides that every person who has been allotted PAN as on the first day of July, 2017, and who is eligible to obtain Aadhaar, shall intimate his Aadhaar on or before a date to be notified by the Central Government. In this regard, the first order [F.NO.225/270/2017/ITA.II] was issued by the Government on 31-07-2017. In this order, the Government extended the due date of filing of return for AY 2017-18 from 31 July, 2017 to 5 August, 2017 and also prescribed the due date of linking of Aadhaar with PAN. The linking was required to be done before 31 August, 2017. However, the due date for linking of Aadhaar with PAN was extended multiple times through various orders. The current deadline is 31.03.2019. Hence, it is mandatory to link Aadhaar with PAN by 31.03.2019, otherwise PAN shall be deemed to be invalid."
Sharing a similar view, Abhishek Soni, CEO, tax2win.in, a tax-filing website says, "If PAN is not linked with Aadhaar by March 31, 2019, then the PAN may be considered as invalid as per Section 139AA of the Income Tax Act, 1961. Consequently, in our view, the PAN holder will not be able to file ITR. It will be treated that such person does not hold a valid PAN. Also, this provision is applicable to all PAN holders who have been allotted PAN as on July 1, 2017, and who are eligible to obtain Aadhaar number."
Delhi-based practising chartered accountant, Sachin Vasudeva says, "The Government amended the Income Tax Act by inserting Section 139AA(2) wherein it is provided that: Every person who has been allotted permanent account number as on the 1st day of July, 2017, and who is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to such authority in such form and manner as may be prescribed, on or before a date to be notified by the Central Government in the Official Gazette. Provided that in case of failure to intimate the Aadhaar number, the PAN allotted to the person shall be deemed to be invalid and the other provisions of this Act shall apply, as if the person had not applied for PAN. This indicates that this requirement applies to every PAN holder who is eligible to obtain Aadhaar number. The consequences for non-linking would be that PAN shall be deemed to be invalid and the other provisions of the Act shall apply as if the person had not applied for PAN. This would mean that theoretically penalty under section under section 292B of the Act amounting to Rs 10,000 could be levied on the person. Further, returns will not be processed until linkage of Aadhaar and PAN is done. This could also result in a tax payer not being able to deposit the tax, file his/her return which could result in losses not being carried forward and denial of certain benefits/deductions which are allowed only if return is filed up to the due date u/s 139(1) of the Act. Further consequences could be that the person may not be able to deduct tax u/s 194-IA and section 194-IB. Under these sections the payment is made based on the PAN of the person making the payment. If the PAN is deemed invalid, the person may not be able to deposit the tax under the above sections."
Taking a contrary view, S Vasudevan, Partner, LakshmiKumaran & Sridharan Attorneys says, "The mandate to link Aadhaar to PAN comes in terms of section 139AA(2). Section 139AA(2) applies to all individuals who hold a PAN as on 1st July 2017 and are eligible to obtain Aadhaar. However, the deadline to link Aadhaar to PAN was to be notified by the Central Government in the Official Gazette. As per our research and information, no such notification fixing the deadline has been issued by the Central Government under section 139AA(2). In the absence of such a notification, the legal position is that there is no deadline, at present, for linking Aadhaar to PAN under section 139AA(2). The requirement of linking Aadhaar with PAN is an additional requirement under section 139AA(2) (other than the requirement of quoting Aadhaar in return of income in terms of section 139AA(1)) and was to be complied by the date (deadline) to be notified by the Central Government in the Official Gazette. In spite of the fact that such deadline for linking has not been notified till date by the Central Government, the CBDT orders issued under section 119 seem to have proceeded under the wrong assumption as if there is already such deadline and that they are extending such deadline. Thus, the CBDT orders issued under section 119 seem to be extending a deadline, which does not exist in the first place. Therefore, the legal validity of these CBDT orders issued under section 119, to the extent it relates to the so-called extension of the deadline for linking of Aadhaar to PAN, is highly questionable. There is no definitive answer available in the language of these CBDT orders issued under section 119 regarding the category of individuals to whom this deadline of 31st March 2019 is applicable."
Shalini Jain, Partner, People Advisory Services, EY India says, "The deadline of 31 March 2019 notified by CBDT for linking of Aadhaar with PAN is relevant for those taxpayers who have filed returns for financial year 2016-17 (assessment year 2017-18) without linking Aadhaar with PAN. Their returns will not be processed unless such linking is done by 31 March 2019. Those taxpayers who have filed their returns for financial year 2016-17 or 2017-18 by linking Aadhaar with PAN need not worry about the deadline of 31 March 2019.
The deadline is also relevant for tax payers who have not filed their returns for financial year 2017-18 and want to file belated return before 31 March 2019. Section 139AA (2) provides that if linking is not done by a date to be notified by CBDT, the PAN would be deemed to be invalid. However, this date is not yet notified as yet. But it is advisable to comply with linking as soon as possible."
Conclusion
Though there is difference of opinion regarding whether your PAN will become invalid or not after the expiry of March 31, 2019 deadline, it is advisable that one links his/her PAN with Aadhaar to avoid the consequences of failing to do so. This is because Supreme Court in its judgement on Aadhaar has upheld the validity of Section 139AA of the Income Tax Act and thereby making it mandatory to link PAN and Aadhaar.
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