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Non-applicability of higher rate of TDS/TCS in the event of death of a person before linkage of PAN and Aadhaar

Income tax Expert by Income tax Expert
August 9, 2024
in Income Tax News
0
CBDT issues circular for detailed explanation on TDS deduction u/s 192 of the Income tax act
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As per Circular no. 06 of 2024 dated 23.04.2024, the Board had provided a window of opportunity to the taxpayers upto 31.05.2024 for linkage of PAN and Aadhaar for the transactions entered into upto 31.03.2024 so as to avoid higher deduction/collection of tax under section 206AA/206CC of the Income-tax Act, as the case maybe.

 

2. Several grievances have been received from the taxpayers where they have cited instances of demise of the deductee/collectee during the said period (i.e. on or before 31.05.2024) before the option to link PAN and Aadhaar could have been exercised. In such cases, tax demands are standing against the deductor/collector as a result of failure to link PAN and Aadhaar of the deceased person.

 

3. In order to redress such grievances of the taxpayers, the Board, hereby specifies that in respect of cases where higher rate of TDS/TCS was attracted under section 206AA/206CC of the Act pertaining to the transactions entered into upto 31.03.2024 and in case of demise of the deductee/collectee on or before 31.05.2024 i.e. before the linkage of PAN and Aadhaar could have been done, there shall be no liability on the deductor/collector to deduc/collect the tax under section 206AA/206CC, as the case maybe. The deduction/collection as mandated in other provisions of Chapter XVII-B or Chapter XVII-BB of the Act, shall be applicable.

 

The above thing has been clarified by CBDT vide circular no. 8 of 2024 Dt. 05.08.2024. To read the circular CLICK ME.

 

Although in the circular they have mentioned that higher TDS shall not be charged, however no resolution has been provided as to how deductor/ collector can intimate the officer and get the demand removed. In our humble opinion a procedure should be provided to remove such demand.

 

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Tags: income tax circularIncome tax updatesNew tds sectiontaxontipsTDSTDS rate
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