Become Govt. Certified GST Practitioner in just 58 hrs. Register Now!

If landlord refuse furnish pan and declaration

sivakumar (Asst Manager - F&A) (324 Points)

19 February 2014

Hi,

If Land Lord refuse furnish PAN number and written declaration for receipt of Rent exceeding Rs. 100000 pa. what sholud do employee while furnish IT Declaration to Employer in this sutiation.

Employee can show actual Rent in return.

Reply
Follow
Share

9 Replies

(Guest)

The assessee can claim HRA exemption on the basis of rent agreement or proof of payment through cheque to the landlord when he is filing the return. But then the Ao can enquire and require production of PAN/ declaration if necessary.

Upgrade to CAclubindia Pro. Subscribe Now!

sivakumar (Asst Manager - F&A) (324 Points)
Replied 20 February 2014

Thank you Mr. Madhavi Pandit. But Employer ask land lord PAN with declaration. The land lord refuse to furnish.

mallika agrawal (CA FINAL ) (855 Points)
Replied 20 February 2014

You can search on income tax site the pan of ur landlord.. If u knw his birthdate and father name that could be more easy..

NARENDER (CA) (21 Points)
Replied 20 February 2014

hey mallika aggarwal

how could u suggest this type of idea

Dipjyoti Majumdar (CA in service & CS. dipmaj@ rediffmail.com ) (3468 Points)
Replied 20 February 2014

If the landlord refuses to furnish his PAN to employee and the employee in turn cannot submit the same to employer company then the employee may be advised to get a declaration from the landlord that he does not have a PAN (may be as he is not required to have a PAN).

Thanks,

Upgrade to CAclubindia Pro. Subscribe Now!

RITESH AGARWAL (PAID ASSISSTANT) (21 Points)
Replied 20 February 2014

Dipjyoti Majumdar is correct.

(Guest)

The problem here is that neither PAN nor declaration is provided by the landlord.

I don't agree that the employee should find out the landlord's PAN without his knowledge as that would amount to breach of trust.

mehulmukati (CA Business) (149 Points)
Replied 21 February 2014

Ms Madhavi there is no breach of trust if law / regulation requires submission of information.

(Guest)

Even if the regulation requires the PAN of landlord to be quoted, it should be obtained from him and not from other sources and also he should be made aware that this is to be submitted to the employer.

1 Like