You can not apply for PAN card in the name of a proprietary
concern in which you are the proprietor. You must use your individual PAN
for your business. you must use the same PAN for any number of proprietary
business
As per Income Tax Act
Person means Individual, Partnership Firm, LLP, company, HUF, AOP and BOI i.e.
PAN cards are issued in the name of Partnership Firm but you will nowhere find
PAN in the name of Proprietorship Firm. As per Income Tax, Proprietor
(INDIVIDUAL) and Proprietorship Firm/s are same. E.g. Mr. X has three
proprietorship Firms named as ABC Enterprise, DEF associates and GHI stores
then he cannot get three different PAN cards for all three proprietorship firms
as in the eyes of Income Tax , all three are same and PAN of Mr. X itself is
PAN of ABC Enterprise, DEF associates and GHI stores. Income Tax return will be
filed in the name of Mr. X by clubbing income of all three Proprietorship Firms
and also income of Mr. X like Interest, dividend which he is earning in his
Individual name(if any).
Proprietary concern
is not an independent and legal person - it is a unit of the proprietor.
Therefore, separate PAN or TAN are
not required.
He should take care
to obtain TDS certificates in name of Proprietor. For this purpose every person
who deducts tax from payments / credit in favour of proprietory concern should
be informed and requested to issue TDS certificates in name of proprietor
instead of in name of the proprietary concern.
It is better that
each invoice and other related documents should show name of the concern and the
fact that it is a proprietary, mentioning the name of the proprietor.
It is suggested
to the CBDT that a record of proprietary concerns of PAN holder may be kept and
each proprietary concern be tagged with the PAN / TAN of the Proprietor.
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