Notification No. 02/2017

What this is

Notification No. 02/2017 was published on 9 March 2017. Its subject is Procedure of PAN application through simplified profoma for incorporating company electronically spice form no. inc 32 of ministry of corporate affairs.

What it does

A notification of the Principal Director General of Income-tax (Systems) laying down the classes of persons, forms, format and procedure for applying for a permanent account number through the Ministry of Corporate Affairs' Simplified Proforma for Incorporating Company Electronically (SPICe), Form No. INC-32. It is made under the power delegated by the proviso to sub-rule (1) of the PAN rule in the Income-tax Rules, 1962 as amended by the notification of 9 February 2017, which allows an applicant to apply for allotment of a permanent account number through a common application form notified by the Central Government and requires the Principal Director General or Director General of Income-tax (Systems) to specify the classes of persons, forms and format along with the procedure for safe and secure transmission of such forms. The class of persons covered is newly incorporated companies; the applicable form is SPICe (Form No. INC-32), notified by the Ministry of Corporate Affairs by G.S.R. 70(E) dated 25 January 2017; the procedure is that the application for allotment of the permanent account number is filed in the SPICe form using the applicant's digital signature as specified by that Ministry, and after generation of the Corporate Identity Number the Ministry forwards the data in the prescribed application form to the prescribed income-tax authority under a class 2 or class 3 digital signature; and the format is XML.

Who it reaches

• promoters incorporating a new company
• the Ministry of Corporate Affairs as the transmitting agency
• the Directorate of Income-tax (Systems) receiving the data
• professionals certifying incorporation filings

The instrument, as the Board published it

F.No. Pr.D( ilT(S)iTech/e-Ril/2008-09 /Part
Government o f India
Ministry of Finance
Central Board of Direct Taxes
Directorate of Income-taxtSystemsl
Notification of2017.
New 1>Clhi. 4th of March. 20 17
Subjcct :- Procedure of IJAN application through Simplified Proroma for Incorporating Company
Electronically (Sr lCe)(Form No. I~ -32 of Minish) orCorporate Affairs.

Proviso to sub -rule ( I) to rule 11-1 of Income Tax Rules. 1962 notified vide notificatio n (i.S.R.
No. 117(E) dated 9.2 .20 17. states that :.
"an appli cant may apply for a llotment of permanent account number through a common application form
notified the Central Governm ent in the OOidal Gazcue. and the Princi pal Director General of Income
Ta vt Systems) or Director General of tncorne-raxrxysrems) shall specify the classes of persons. forms and
format a long with procedure for sa il: and sec ure transmission of such forms and formats in relation to
furn ish ing of Permanent Account Numbcr{PANY ·.

1 A commo n application form in the limn of Simplified Proforma for Incorpo rating Company
Electronically (SPICe)( Form No. INC·32) has been not ified by the Min istry of Corporate AlTai ..... vide
notification G.S.R. No. 70(E) dated 25.1.20 17.

3. In exercise of the powers delegated by the Central Board of Direct Taxes vide notification G.S.R.
No. I I dated 9.2.2017. the Principal Director General of lnccm c-tax/Systcrns) lays down the classes
of persons. forms. format and procedure for Permanent Account Number(PAN) as under :-

S.no | Particulars
1 | Classes "f Ne.... Newly incorporated Company persons '" - which SPIC e form will aonlv
2 | Applicable form Simplifie d Proforma for Incorpo rating Company Electronically (SPICe) (Form No. INC· 32) of Ministry of Corporate AffairstMCA) notified ... ide notification G.S.R. No. 70( E) dated 25.1.2 0 17.
3 | Procedure Appli cation for allotment of Permanent Account Numbcr(PAN) will be filed in SPICe (INC-32) form using Digital Signature of the applicant a... spec ified by (he Ministry of Corporate Affairs. Aller generation of Corpor ate Identit y Number (CIN). MeA will forw ard data in form ~qA to prescribed Incom e Tax Author ity through digital signature. e las.:; 2,Cla .... 3. of MeA.
4 | Format xml

(5. S. Rathore
ProDirector General of Income-ta xtxy stems)
Sc'" Ddhi.

What to watch

• The notification states no separate commencement date and operates from its issue, which the scanned copy dates 4 March 2017.
• It applies only to newly incorporated companies; other applicants continue with the ordinary PAN application route.
• The transmission is machine to machine and digitally signed, so a separate physical PAN application is not made by the company.
• The scan of this notification is badly degraded and several rule, form and gazette numbers in it are not legible with confidence; the gazetted or departmental text should be consulted before citing them.

Where you meet it

When a company is incorporated through the SPICe route and its permanent account number is allotted on the strength of the incorporation filing.

What it names

Rules it names. Rule 11 of the Income-tax Rules, 1962. The 1962 Rules were replaced by the Income-tax Rules, 2026, which renumbered nearly everything: a rule number quoted here almost never means the same rule today.

← Notification No. GSR 253(E) / [F. No. HRD/CM/124/02/2016-17(Pt.)/Dy.No.lOl/2017-Ad.VII]  ·  Notification No. 01/2017 [F. No. ADMN/RESIGNATION/10/02/2007/01-DIT(S) →