BOGUS HRA: Income Tax Department discovers HRA Fraud with illegal PAN Usage

Tax Department has discovered a scheme in which people have fraudulently claimed housing rent allowance when they were not even tenants by using their permanent account numbers (PANs). At least 8,000–10,000 high-value cases totalling at least Rs.10 lakh have been found thus far.

Officials discovered purported rent receipts of almost Rs.1 crore by one person, which is how the cases initially came to light. The person whose PAN showed the “rental income” denied any knowledge when questioned. Subsequent investigation proved that the person in question did not get the rent that was recorded under his name.

After the income tax authority looked into the case more, it was discovered that dishonest people were frequently using PANs fraudulently to obtain tax deductions from their employers. So much so that inspectors are already encountering instances in which workers from certain companies have claimed tax deductions using the same PAN.

According to tax officials, the department is currently pursuing those workers who submitted false claims in an attempt to recoup the taxes. It’s unclear if they will also be the target of legal action. This scenario illustrates yet another example of PAN misuse that occurs without the holder’s knowledge. The fact that TDS (tax deducted at source) is currently only applicable for monthly rent above Rs 50,000 or annual payments exceeding Rs 6 lakh has complicated the situation in this instance. Thus, a large number of workers have been abusing the perk in order to evade paying rental income taxes.”PAN is a component of the majority of financial transactions. It is not particularly difficult for tax authorities to track fraudulent claims with the use of the newest technologies, automated processes, and data analytics. In addition to potentially requiring delayed tax payments, this could also result in the imposition of penalties and penal interest, and in severe circumstances, prosecution.

In cases where rent is paid to the parent, the renter must also declare the rental income on their return and the rent should be paid by check or electronic transfer rather than cash.

Tax officials stated that even in cases where numerous people quote the same PAN for rent payment, the employer cannot be held liable and that the employee is solely at fault. “While conducting a thorough investigation is not required of employers, they nonetheless have a responsibility to maintain appropriate checks and balances and to collect confirmation of rent payment in order to qualify for the HRA exemption. In fact, in certain situations, firms have policies that state that an employee may lose their job if they are discovered to have submitted a fictitious claim for an HRA, LTA, etc.