Hii... Sunny
I need to add to your query that there is one Circular No.08/2010 dated 13-12-2010 which deals with your Situation which is as under
4.8-1 Finance Act (No. 2) 2009, w.e.f. 1-4-2010 has inserted section 206AA in the Income-tax Act which makes furnishing of PAN by the employee compulsory in case of payments liable to TDS. If employee (deductee) fails to furnish his/her PAN to the deductor, the deductor shall make TDS at a higher of the following rates :
(i) at the rate specified in the relevant provision of this Act; or
(ii) at the rate or rates in force; or
(iii) at the rate of twenty per cent.
4.8-2 The deductor has to determine the tax amount in all the three conditions and apply the higher rate of TDS. This section applies to any person entitled to receive any sum or income or amount, on which tax is deductible under Chapter XVII-B of Income-tax Act. As Chapter XVII-B covers all payments including salaries, salaries are also covered by section 206AA. In case of salaries there can be following situations :
(a) Where the income of the employee computed for TDS under section 192 is below taxable limit.
(b) Where the income of the employee computed for TDS under section 192 is above taxable limit.
In first situation, as the tax is not liable to be deducted no tax will be deducted. In the second case, if PAN is not furnished by the employee, the deductor will calculate the average rate of income-tax based on rates in force as provided in section 192. If the tax so calculated is below 20 per cent, deduction of tax will be made at the rate of 20 per cent and in case the average rate exceeds 20 per cent, tax is to be deducted at the average rate. Education cess @ 2 per cent and Secondary and Higher Education Cess @ 1 per cent is not to be deducted, in case the TDS is deducted at 20 per cent under section 206AA of the Income-tax Act.
CAclubindia
