Rule – 114C of Income-tax Rules
1 [Verification of Permanent Account Number in transactions specified in rule 114B.
114C. (1) Any person being,—
| (a) | a registering officer or an Inspector-General appointed under the Registration Act, 1908 (16 of 1908); | |
| (b) | a person who sells the immovable property or motor vehicle; | |
| (c) | a manager or officer of a banking company or co-operative bank, as the case may be, referred to at Sl. No. 2 or 3 or 10 or 11 or 12 or 13 of rule 114B; | |
| (d) | post master; | |
| (e) | stock broker, sub-broker, share transfer agent, banker to an issue, trustee of a trust deed, registrar to issue, merchant banker, underwriter, portfolio manager, investment adviser and such other intermediaries registered under sub-section (1) section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); | |
| (f) | a depository, participant, custodian of securities or any other person registered under sub-section (1A) of section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) referred to at Sl. No. 4 of rule 114B; | |
| (g) | the principal officer of a company referred to at Sl. No. 3 or 4 or 8 or 12 or 13 or 15 or 16 of rule 114B; | |
| (h) | the principal officer of an institution referred to at Sl. No. 2 or 3 or 8 or 10 or 11 or 12 or 13 of rule 114B; | |
| (i) | any trustee or any other person duly authorised by the trustee of a Mutual Fund referred to at Sl. No. 7 of rule 114B; | |
| (j) | an officer of the Reserve Bank of India, constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934), or of any agency bank authorised by the Reserve Bank of India; | |
| (k) | a manager or officer of an insurer referred to at Sl. No. 14 of rule 114B, |
who, in relation to a transaction specified in rule 114B, has received any document shall ensure after verification that permanent account number has been duly and correctly mentioned therein or as the case may be, a declaration in Form 60 has been duly furnished with complete particulars.
(2) Any person, being a person raising bills referred to at Sl. No. 5 or 6 or 18 of rule 114B, who, in relation to a transaction specified in the said Sl. No., has issued any document shall ensure after verification that permanent account number has been correctly furnished and the same shall be mentioned in such document, or as the case may be, a declaration in Form 60 has been duly furnished with complete particulars.]
[ w.e.f 06.01.2017 following sub rule 3 Inserted by Notification No G.S.R. 14(E). ]
3. The person referred to in sub-rule (1) or sub-rule (2) who has received any document in which permanent account number is mentioned or as the case may be, a declaration in Form No. 60 has been furnished, shall ensure that the valid permanent account number or the fact of furnishing of Form No. 60 , is duly mentioned in the records maintained for the transactions referred to in rule 114B,and the permanent account number or the details of Form No. 60 are linked and mentioned in any information furnished to the income-tax authority or any other authority or agency under any provision of the Act or any rule prescribed therein.”.
1. Rule 114C substituted by the Income-tax (Twenty Second Amendment) Rules, 2015, w.e.f. 1-1-2016. Prior to its substitution, said Rule; as amended by the Income-tax (Sixteenth Amendment) Rules, 1998, w.e.f. 1-11-1998; the Income-tax (Twenty Fourth Amendment) Rules, 1998, w.e.f. 1-11-1998; the Income-tax (Fourth Amendment) Rules, 1999, w.e.f. 27-1-1999; the Income-tax (Eighth Amendment) Rules, 2002, w.e.f. 19-6-2002 and the Income-tax (Seventeenth Amendment) Rules, 2004, w.e.f. 1-12-2004; read as under :
“114C. Class or classes of persons to whom provisions of section 139A shall not apply .—(1) The provisions of section 139A shall not apply to following class or classes of persons, namely :—
| (a) | the persons who have agricultural income and are not in receipt of any other income chargeable to income-tax : | |
| Provided that such persons shall make declaration in Form No. 61 in respect of transactions referred to in rule 114B; | ||
| (b) | the non-residents referred to in clause (30) of section 2; | |
| (c) | Central Government, State Governments and Consular Offices in transactions where they are the payers. |
(2) Every person including,—
| (a) | a registering officer appointed under the Registration Act, 1908 (16 of 1908); | |
| (b) | a registering authority referred to in clause (b) of rule 114B; | |
| (c) | any manager or officer of a banking company referred to in clause (c) or clause (i) or clause (j) or clause (l)] of rule 114B; | |
| (d) | post master; | |
| (e) | stock broker, sub-broker, share transfer agent, banker to an issue, trustee of a trust deed, registrar to issue, merchant banker, underwriter, portfolio manager, investment adviser and such other intermediaries registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); | |
| (f) | any authority or company receiving application for installation of a telephone by it; | |
| (g) | any person raising bills referred to in clause (h) or clause (k) of rule 114B; | |
| (h) | any person who purchases or sells the immovable property or motor vehicle; | |
| (i) | the principal officer of a company referred to in clause (l) or clause (n) or clause (o) of rule 114B; | |
| (j) | the principal officer of an institution referred to in clause (l) or clause (o) of rule 114B; | |
| (k) | any trustee or any other person duly authorised by the trustee of a Mutual Fund referred to in clause (m) of rule 114B; | |
| (l) | an officer of the Reserve Bank of India, constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934), |
who has received any document relating to a transaction specified in rule 114B shall ensure after verification that permanent account number has been duly and correctly quoted therein.”