Verification of Permanent Account Number (PAN) details before the registration of property is a mandatory step enforced under Indian tax and registration laws to ensure transparency, traceability, and compliance in high-value real estate transactions. It is a safeguard against tax evasion, benami transactions, and identity fraud.
1. Mandatory Under Income Tax Law for High-Value Transactions
- As per Rule 114B of the Income Tax Rules, 1962, quoting of PAN is compulsory for property transactions where the sale value exceeds ₹10 lakh or the stamp duty value exceeds ₹10 lakh, whichever is higher.
- Both buyer and seller must quote PAN in the sale deed and supporting registration documents.
2. TDS Deduction and Compliance Under Section 194-IA
- For transactions over ₹50 lakh, the buyer is required to deduct 1% TDS under Section 194-IA of the Income Tax Act.
- Verification of PAN ensures:
- Proper filing of Form 26QB
- Generation of Form 16B
- Accurate credit of TDS to the seller’s account
- Proper filing of Form 26QB
3. Preventing Identity Fraud and Misrepresentation
- PAN verification helps prevent:
- Fake identity usage
- Sale through impersonation or forged documents
- Incorrect reporting of income under a different name
- Fake identity usage
- It establishes the legal identity of both parties and links them to the transaction digitally.
4. Cross-verification Through Government Portals
- PAN is verified using:
- Income Tax Department’s PAN database
- NSDL or UIDAI portals
- Digital signatures and e-KYC systems used by Sub-Registrar Offices
- Income Tax Department’s PAN database
- Any mismatch in name, number, or date of birth can stall the registration process or flag the transaction for review.
5. Linkage to Financial and Tax Records
- PAN acts as a unique identifier linking the property transaction to:
- Annual Information Statement (AIS)
- Form 26AS
- Capital gains declaration in the seller’s ITR
- Annual Information Statement (AIS)
- This enables the Income Tax Department to track asset ownership and gain patterns for audit and compliance purposes.
6. Support for Anti-Benami Transaction Monitoring
- PAN verification is critical to detect and prevent benami property transactions, where the property is purchased in the name of a proxy but funded by someone else.
- It ensures transparency in the source of funds and the actual ownership trail.
7. Requirement for Financial Institutions and Legal Clearances
- If the transaction involves:
- Home loans or mortgages
- Institutional funding or third-party validation
- Home loans or mortgages
- PAN verification is required for loan disbursement, legal due diligence, and CIBIL reporting.
8. Enabling Online Registration and Tax Filing Integration
- States that offer digital property registration or e-stamping platforms mandate PAN entry as part of:
- User login
- Document validation
- Auto-filling of registration forms
- User login
- The PAN enables seamless linking with GST, Aadhaar, and banking data for audit trails.