The income tax department said that all such tax demand notices issued due to short deduction/collection of the TDS/TCS, will be deleted, if the PAN is made operative again within a specified deadline.
What did the income tax department say?
In a circular dated July 21, 2025 the Income Tax Department said: “…There shall be no liability on the deductor/collector to deduct/collect the tax under section 206AA/206CC of the Act, as the case maybe, in the following cases:
- Where the amount is paid or credited from April 1, 2024 to July 31, 2025 and the PAN is made operative (as a result of linkage with Aadhaar) on or before September 30, 2025.
- Where the amount is paid or credited on or after August 1, 2025 and the PAN is made operative (as a result of linkage with Aadhaar) within two months from the end of the month in which the amount is paid or credited.
The table below shows by when the PAN-Aadhaar should be linked, so that the TDS and TCS deductor and collector, respectively can get relief from tax demand notice:
What does this mean?
This circular says that those taxpayers who deducted TDS or collected TCS at a lower rate than otherwise prescribed for in-operative PAN cases will get relief from tax demand subject to the condition that the PAN is made operative within a specified deadline.
Aarjav Jain, Executive Director, Dinesh Aarjav & Associates, says: “This circular implies that any notices for short deduction of TDS or short collection of TCS may be withdrawn or rendered non-enforceable subject to the condition that the PAN is made operable within the defined timeline. This relief ensures procedural equity for genuine deductors operating in good faith.”
The circular mentions two different deadlines for giving this relief from short tax deduction and collection notice.
Chartered Accountant Ashish Karundia explains that numerous tax deductors and collectors have received TDS/TCS demand notices from TRACES for applying a lower tax rate on transactions involving taxpayers whose PAN was inactive at the time, often due to it not being linked with Aadhaar.
“This circular issued on July 21, 2025, now provides relief in such situations. If the affected taxpayer activates their PAN by linking it with Aadhaar by September 30, 2025, any related short deduction or collection demands issued to the deductor or collector will be withdrawn.”
Karundia adds: “Further, for transactions occurring on or after August 1, 2025, if the taxpayer’s PAN becomes active within two months following the end of the month in which the transaction took place, the TDS/TCS demand will also be dropped. This second relief is not limited by the September 30 deadline.
How can property buyers get relief due to this circular?
As per Section 194-IA on property sales of Rs 50 lakh and above, buyers have to deduct TDS at 1% rate before making the payment to the sellers. However if the seller’s PAN is in-operative then TDS at 20% rate is required to be deducted. The problem is in cases where the buyer deducted 1% TDS instead of 20% as it should be when the seller’s PAN is in-operative. In such cases the property buyer will get income tax demand notice for 19% short deduction in TDS. This circular can give relief to such buyers.
Chartered Accountant Mohit Gupta, partner, PNAM & Co. LLP, a chartered accountancy firm, says:
- “Inoperative PANs cannot be used for filing income tax returns (ITR) or conducting key financial transactions. This poses a challenge in cases such as property sales, where the seller’s PAN is inactive due to non-linkage with Aadhaar.
- In such situations, the law mandates that the buyer must deduct TDS at 20% instead of the regular 1%. However, many buyers, unaware of the PAN status, end up deducting TDS at 1%, assuming compliance. This typically leads to a tax demand notice to the property buyer from the Income Tax Department for the shortfall of 19%.”
ET Wealth Online has asked many chartered accountants about how this circular can give releif to property buyers, here’s what they said:
Karundia explains how this relief works for those who short deducted TDS from April 1, 2024 to July 31, 2025:
- “This benefit also applies to property buyers who failed to deduct TDS at the higher 20% rate from sellers with inactive PANs.
- For instance, if someone purchased a property on April 2, 2024, from a seller whose PAN was inoperative, the buyer was required to deduct TDS at 20% rather than the standard 1%. If they didn’t and received a demand notice, the notice will be cancelled provided the seller activates their PAN by September 30, 2025.”
Gupta explains how the relief works for those who short deducted TDS on or after August 1, 2025:
- The recent CBDT Circular No. 9/2025, issued on July 21, 2025, offers relief in such cases. It provides that no demand for short deduction will be raised if the deductee—i.e., the property seller—makes their PAN operative by linking it with Aadhaar within two months from the end of the month in which the payment was made.
- For example, if a property is purchased on August 2, 2025, from a seller with an inoperative PAN and the buyer deducts TDS at 1%, the buyer will not be penalized, provided the seller regularizes their PAN by October 31, 2025.
Which other taxpayers can avail relief under this circular?
Jain explains: “The ambit of Circular No. 9/2025 extends beyond property transactions and is applicable to all deductors and collectors who have applied standard TDS or TCS rates without enforcing the enhanced rates mandated under Section 206AA or Section 206CC, due to the recipient’s PAN being inoperative—provided such PAN is regularised within the stipulated timeframe.
Jain explains using some illustrative scenarios:
1. Payment of Professional Fees
A company remits Rs 60,000 in May 2024 to a consultant and deducts TDS at 10% under Section 194J. At the time of payment, the consultant’s PAN is inoperative. However, the PAN is regularised before September 30, 2025.
Relief Granted: The TDS deduction at 10% is considered valid. There will be no liability for short deduction, no disallowance of expense and no penal consequences.
2. Payment to Contractor
A business makes a payment of Rs 1.5 lakh in July 2024 to an individual contractor for construction-related services and deducts TDS at 1% under Section 194C. The contractor’s PAN was inoperative at the time but was regularised by 30th September 2025.
Relief Granted: The deduction at 1% is deemed compliant. The deductor will not be considered in default, and no consequences for short deduction will apply.
Why did the income tax department give this relief?
The Income Tax Department said this in the circular:
- The Central Board of Direct Taxes vide Circular No. 03 of 2023 dated 28th March, 2023 had specified that the consequences of PAN becoming inoperative as per Rule 114AAA of the Income-tax Rules, 1962 shall take effect from 1st July, 2023 and continue till the PAN becomes operative.
- Further, Circular No. 06 of 2024 dated 23.04.2024 issued by the Board, provided relief to deductors/collectors from the applicability of higher TDS/TCS rates under section 206AA/206CC of the Income-tax Act, 1961 (hereinafter ‘the Act’) for transactions entered into upto 31.03.2024, where the PAN becomes operative (as a result of linkage with Aadhaar) on or before 31.05.2024.
- Several grievances have been received from the taxpayers that they are in receipt of notices intimating that they have committed default of ‘shortdeduction/collection’ of TDS/TCS while carrying out the transactions where the PANs of the deductees/collectees were inoperative.
- In such cases, as the deduction/collection has not been made at a higher rate, demands have been raised by the Department against the deductors/collectors while processing of TDS/TCS statements under section 200A or under section 206CB of the Act, as the case may be.
The tax department said that to redress this grievance of taxpayers they partially modified the Circular No. 3 of 2023.
