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Ketan (Finance Consultant)     10 January 2022

Pan information of landlord

Hi,

HRA rules say that Landlord PAN is mandatory for higher rents. But the landlord is refusing to give either declaration or PAN number. Is ther a way to ask IT department for this information(RTI) using rental agreement or force landlord to furnish PAN as per law ?



 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 January 2022

According to a government notification, PAN card information will now be required when filing HRA (House Rent Allowance) claims returns by employees. The government has stated that the landlord's PAN card details will have to mentioned on the exemption form in case of house rent exceeding Rs. 1 lakh in a year.

Ketan (Finance Consultant)     11 January 2022

Yeah, thats clear. But the questions is how to get the PAN of a non cooperating landlord ? Is there a way to get that info from income tax department ?

Aryan Raj   11 January 2022

In response to your query,

In 2013, the government released a new circular stating that PAN details had to be mentioned for HRA exemptions for amounts above Rs. 1,00,000. The government reduced the figure from Rs. 1,80,000 so that employees could not file HRA exemptions without their landlord’s PAN details. 

The government has found that a number of individuals who lease properties and collect rent do not pay tax or declare this income in their tax return. As a way to ensure that individuals declare this income, the government has made it mandatory for renters to include the PAN details of the landlord in exemption claim form, so they can check if the landlord is declaring the rent as income when filing tax returns. 

This maybe the  reason behind non cooperation of your landlord, in this case you can file a formal complaint against your landlord if you are under a rental agreement to use the property for certain amount of time or if you are not under any such agreement I suggest you to just leave the property and look for a different property for your use.

Regards,

Aryan Raj

Ketan (Finance Consultant)     12 January 2022

Thanks Aryan, kindly let me know the procedure to file a formal complaint to get the PAN of the non coperating landlord.

Whom should the compaint go to ? Should it go to Income tax department ? Can I file an RTI instead or can I just send an email to someone ?

P. Venu (Advocate)     12 January 2022

You can try the RTI route. So also, you can intimate him that he is legally required to provide the PAN and in case of not providing the PAN his liability to compensate you for the financial loss.


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