[X] Close
[X] Close

Due Date to File Income Tax return Ay 2015-16 extended to 31.08.2015 CBDT order

CBDT in his press release mentioned that as the software for ITR forms is under preparation, they are likely to be available soon. Accordingly, the time limit for filing these returns is proposed to be extended up to 31st August, 2015 (31.08.2015). 

CBDT mentioned that a separate notification will be issued in this regard.

Now CBDT has released this ORDER [F.NO.225/154/2015/ITA.II], DATED 10-6-2015  regarding extension of due date of filing Income Tax return for assessment year 2015-16.

Order copy is given below.

F.No.225/154/2015/ITA.II 
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
North Block, ITA.II Division
New Delhi, the 10th June, 2015.
 Order under section 119 of the Income-tax Act 1961

Subject:- Extension of due date of filing return of income for Assessment Year 2015-16 – regarding.

The Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income-tax Act, 1961, hereby extends the ‘due-date’ for filing returns of Income, in terms of clause (c) of Explanation 2 to sub-section (1) of section 139 of the Income-tax Act, 1961, for Assessment Year 2015-16 from 31st July, 2015 to 31st August, 2015 in respect of income tax assessees concerned.

(Richa Rastogi)

Under secretary to the Government of India

CBDT gets Prime Minister’s award for excellence in Public Administration

Subject: Prime Minister’s award for excellence in Public Administration to the Income Tax Department 

The Income Tax Department has been awarded ‘Prime Minister’s award for excellence in Public Administration’ for ‘Easy Tax Compliance through Quality Service’. The award was presented on 21st April, 2015 at Vigyan Bhawan, New Delhi by the Hon’ble Prime Minister on Civil Services day. 

The award has been conferred to the Income Tax Department for setting up and for successful implementation of end to end solution of core services. These include integrated e-governance initiatives viz. Tax Information Network (TIN), efiling portal, Centralized Processing Cell(CPC-TDS) for processing of TDS statements, Centralized Processing Centre(CPC) for processing of Income Tax Returns and the Refund Banker. The solution architecture and the reconciliation processes are one of the best in the world. 

The projects have been conceptualized based on principles of USAGE – Uniform interpretation of tax laws, Simplification of forms, Easy Accessibility of services, Good tax governance and Empowerment of taxpayer with information. More USAGE prompts more Voluntary Compliance. 

Presently, over 4.5 Crore taxpayers and 15 Lac deductors are using various eenabled online taxpayer friendly end to end services viz. e-payment of taxes, efiling of tax returns and TDS statements, tax credit statements in Form 26AS, digital TDS certificates in Form 16/16A and issuance of refunds. 

In the financial year 2014-15, more than 94% of the tax returns have been filed on-line, while more than 80% of the direct tax revenue is being received online. Besides, about 99% of the TDS statements are being filed electronically. While the TDS statements are processed within a week, the tax returns are being processed within an average period of 30 days. A large number of tax refunds are being directly credited to the bank accounts of the taxpayers. 

The award is a recognition of the sustained efforts of officers of the Income Tax Department. Four e-service projects of the Department have already been conferred National e-governance awards in past. 

The ‘Prime Minister award for excellence in public administration’ and the four National e-governance awards to the Income Tax Department demonstrate the commitment of the Department towards achieving ‘minimum government and maximum governance’ in tax administration and to move towards a nonadversarial and tax-payer friendly regime

Purchase from flipkart via Studycafe special link and get Discounts on every product










CBDT notifies Income Computation and Disclosure Standards

In exercise of the powers conferred by sub-section (2) of section 145 of the Income-tax Act, 1961, the CBDT has notified the income computation and disclosure standards. This notification shall come into force with effect from 1st day of April, 2015. 

Click the following link for downloading the complete Notification. 

http://www.incometaxindia.gov.in/communications/notification/notification33_2015.pdf 

CA. Tarun Jamnadas Ghia
Chairman, Direct Taxes Committee, ICAI










Do Not Coerce Taxpayers To Admit Undisclosed Income: CBDT To AOs

The CBDT has issued a letter dated 18.12.2014 pointing out that instances/complaints of undue influence/coercion have come to notice of the CBDT that some assessees were coerced to admit undisclosed income during Searches/Surveys opriducted by the Department. It is pointed out that that many such admissions are retracted in the subsequent proceedings since the same are not backed by credible evidence. Such actions defeat the very purpose of Search/Survey operations as they fail to bring the undisclosed income to tax in a sustainable manner leave alone levy of penalty or launching of prosecution. Further, such actions show the Department as a whole and officers concerned in poor light The CBDT has drawn attention to earlier Instructions and Guidelines issued by the CBDT from time to time through which the Board has emphasized upon the need to focus on gathering evidences during Search/Survey and to strictly avoid obtaining admission of undisclosed income under coercion/undue influence.
The CBDT has also issued the warning that any instance of undue influence/coercion in the recording of the statement during Search/Survey/Other proceeding under the I.T.Act,1961 and/or recording a disclosure of undisclosed income under undue pressure/ coercion shall be viewed by the Board adversely.





F. No. 286/98/2013-IT (Inv.I1)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
Room No. 265A, North Block
New Delhi, the 18th December, 2014
To
1. All Principal Chief Commissioners of Income Tax
2. All Chief Commissioners of Income Tax
3. All Directors General of Income Tax (Inv.)
4. Director General of Income Tax (I &CI), New Delhi
Subject: Admissions of Undisclosed Income under coercion/pressure during Search/Survey –reg.
Ref: 1) CBDT letter F. No. 286/57/2002-IT (Inv.11) dt. 03-07-2002
2) CBDT letter F. No. 286/2/2003-IT (Inv.II) dt. 10-03-2003
3) CBDT letter F. No. 286/98/2013-IT (Inv.11) dt. 09-Q1-2014
Sir/Madam,
Instances/complaints of undue influence/coercion have come to notice of the CBDT that some assessees were coerced to admit undisclosed income during Searches/Surveys conducted by the Department. It is also seen that many such admissions are retracted in the subsequent proceedings since the same are not backed by credible evidence. Such actions defeat the very purpose of Search/Survey operations as they fail to bring the undisclosed income to tax in a sustainable manner leave alone levy of penalty or launching of prosecution. Further, such actions show the Department as a whole and officers concerned in poor light
2. I am further directed to invite your attention to the Instructions/Guidelines issued by CBDT from time to time, as referred above, through which the Board has emphasized upon the need to focus on gathering evidences during Search/Survey and to strictly avoid obtaining admission of undisclosed income under coercion/undue influence.
3. In view of the above, while reiterating the aforesaid guidelines of the Board, I am directed to convey that any instance of undue influence/coercion in the recording of the statement during Search/Survey/Other proceeding under the I.T. Act, 1961 and/or recording a disclosure of undisclosed income under undue pressure/ coercion shall be viewed by the Board adversely.
4. These guidelines may be brought to the notice of all concerned in your Region for strict compliance.
5. I have been further directed to request you to closely observe/oversee the actions of the officers functioning under you in this regard.
6. This issues with approval of the Chairperson, CBDT
(K. Ravi Ramchandran)
Director (Inv.)-II, CBDT

Tags: cbdt, Do Not Coerce Taxpayers To Admit Undisclosed Income: CBDT To AOs, Income Tax, 








No More Frivolous Or High-Pitched Assessments Allowed: CBDT To AOs

The CBDT has issued an Office Memorandum dated 07.11.2014 setting out 12 steps that have to taken by the department to ensure a “non-adversarial tax regime”. One of the important points made is that Assessing Officers must cease issuing “long and non-specific questionnaire” and making assessments without proper basis. It has been emphasized that each Range Head has to ensure that “frivolous additions or high-pitched assessments” are not made by the AOs. Important directives have also been given with regard to the withholding of refunds, recovery of demand, passing of remand orders and filing of appeals. At the end, the CBDT has warned that officers have to adhere to the instructions scrupulously and that non-adherence will be viewed seriously and disciplinary action initiated.

Subscribe to Studycafe by Email

CBDT Orders Transferring And Posting Of Commissioners of Income-tax

Vide Order No. 195 of 2014 dated 03.11.2014, the CBDT has ordered the transfer and posting of several officers in the grade of Commissioner of Income Tax with immediate effect and until further orders. Vide Order No. 196 of 2014 dated 03.11.2014, the CBDT has ordered local changes in the grade of Commissioner of Income-tax.

To Download the Order click here

CBDT extends Due Date for filing of return of Income to 30.11.2014

Due Date for filing of return of Income for Assessment Year 2014-15 Extended from 30th September, 2014 to 30th November, 2014 in Specified Cases 

F.No.153/53/2014-TPL (Pt.I) 
GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF DIRECT TAXES) North Block, TPL Division, New Delhi 

Dated: September 26, 2014 

PRESS RELEASE 

Subject: Extension of due date for filing of Return of Income from 30th Sept, 2014 to 30 th Nov, 2014 in specified cases, regarding. 

As per the provisions of the Income-tax Act, 1961 (‘the Act’), for an assessee, who is required to obtain Tax Audit Report (TAR) under section 44AB of the Act, the due date for furnishing his return of income is 30 th September of the Assessment Year. 

2. The Central Board of Direct Taxes (‘the Board’) vide order dated 20th August, 2014 extended the due date for obtaining and furnishing of Tax Audit Report under section 44AB of the Act for Assessment Year 2014-15 from 30 th September, 2014 to 30 th November, 2014. Subsequently, a number of representations were received in the Board requesting for extension of the due date for furnishing of return of income also. Writ petitions were also filed in various High Courts for directing the Board to extend the due date for furnishing of return of income from 30 th September, 2014 to 30 th November, 2014 in conformity with the extension of the due date for filing of Tax Audit Report.  

3. The Gujarat High Court vide judgement dated 22.09.2014 (2014-TIOL-1681-HC-AHM-IT) directed the Board to extend the due date for furnishing the return of income to 30 th November, 2014, except for the purposes of charging of interest under section 234A of the Act for late filing of return of income. Other High Courts also directed the Board to look into the practical difficulties of the petitioners and take a just and proper decision in this matter. 

4. In compliance to the judgments of various High Courts and after considering the representations received for extension of the due date, the Board, in exercise of its power conferred by section 119 of the Act, has extended the ‘due-date’ for furnishing return of income from 30th September, 2014 to 30th November, 2014 for the Assessment Year 2014-15 for all purposes of the Act in the case of an assessee, who is required to file his return of income by 30th September, 2014, and is also required to get his accounts audited under section 44AB of the Act or is a working partner of a firm whose accounts are required to be audited under section 44AB of the Act. 

5. There shall be no extension of the “due date” for the purposes of charging of interest under section 234A of the Act for late filing of return of income and the assessees shall remain liable for payment of interest as per the provisions of section 234A of the Act. 

6. For removal of doubt, it is clarified that for an assessee (other than working partner of a firm which is required to obtain and furnish Tax Audit Report), who is required to file its return of income by 30 th September, 2014 but not required to obtain and furnish Tax Audit Report under section 44AB, the due date for furnishing of return of income for assessment year 2014-15 remains as 30 th September, 2014. 

(Rekha Shukla) 
Commissioner of Income Tax 
(Media & Technical Policy) Official Spokesperson, 
CBDT 

To Download Official Notification Click Here

CBDT To AOs: Respect Taxpayer’s Time And Don’t Make Them Wait

The CBDT has issued an Office Memorandum dated 22.08.2014 in which it has pointed out that some AO’s issue notices to taxpayers/ witnesses/ representatives etc. indicating a standard time of appointment. Thus, many persons called for hearing etc on a day by an officer are given the same time for appearance and the persons are made to wait for their turn. It is pointed out that such actions, apart from causing avoidable inconvenience to the taxpayers/ witnesses/ representatives etc cause great embarrassment to the Government. All officers have been advised to strictly maintain the appointment schedule in spirit with the Citizen’s Charter, 2014 of the Department which specifically provides that the Department shall endeavour “to adhere to the schedule of appointments with taxpayers”. All Supervisory officers, i.e. the CCsIT, CsIT and the Addl. CsIT have been requested to ensure that officers reporting to them strictly comply with this instruction and avoid fixing multiple appointments at the same time. Instances of disregard to these instructions may be viewed seriously, it is added.

CBDT releases Explanatory Notes on Finance Act, 2013

CBDT has vide Circular NO.03/2014 Dated, the 24th January, 2014 issued EXPLANATORY NOTES TO THE PROVISIONS OF THE FINANCE ACT, 2013.  Explanatory Notes cover the following Topics / Provision.

To Download the Notes Click Here.

CBDT issued - Standard Operating Procedure for handling E-filed Returns where self assessment tax is not paid

CBDT issued - Standard Operating Procedure for handling E-filed Returns where self assessment tax is not paid. To Download Click here

Clarification in respect of Circular No.5/2010 – F. No. 142/13/2010 –SO (TPL) dated 03.06.2010

Circular No. 09/2013
File No. 142/20/2013-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
********
Dated, the 19th November, 2013

Sub: Clarification in respect of Circular No.5/2010 – F. No. 142/13/2010 –SO (TPL) dated 03.06.2010- regarding.

Section 144C, providing for reference to Dispute Resolution Panel (DRP), was inserted in the Income-tax Act, 1961 by Finance (No.2) Act, 2009. Sub-section (1) of section 144C reads as under:

“The Assessing Officer shall, notwithstanding anything to the contrary contained in this Act, in the first instance, forward a draft of the proposed order of assessment (hereinafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation in the income or loss returned which is prejudicial to the interest of such assessee.”

2. Explanatory Circular for Finance (No.2) Act, 2009 i.e. Circular No. 5 of 2010 dated 03.06.2010, in para 45 has explained the said new section 144C and the consequential amendments made in other sections of Income-tax Act.

Para 45.5 of the Circular No.5/2010 dated 03.06.2010 reads as under:

“45.5 Applicability: These amendments have been made applicable with effect from 1st October, 2009 and will accordingly apply in relation to assessment year 2010-11 and subsequent assessment years. The Dispute Resolution Panel Rules have been notified by S.O. No. 2958 (E) dated 20th November, 2009.”

In the above extracted Para 45.5 there has been an inadvertent error in stating the applicability of the provisions of section 144C inserted vide Finance (No.2) Act, 2009 that amendments will apply in relation to the assessment year 2010-11 and subsequent assessment years. Accordingly, para 45.5 is replaced with the following:

“45.5. Applicability: Section 144C has been inserted with effect from 1st April, 2009. Accordingly, the Assessing Officer is required to forward a draft assessment order to the eligible assessee, if he proposes to make, on or after the 1st day of October, 2009, any variation in the income or loss returned which is prejudicial to the interest of such assessee. In other words section 144C is applicable to any order which proposes to make variation in income or loss returned by an eligible assessee, on or after 1st October, 2009 irrespective of the assessment year to which it pertains. Amendments to other sections of the Income-tax Act referred to in para 45.3 of the circular 5/2010 dated 3rd June, 2010 shall also apply from 1st October, 2009”

-sd-
[Ashis Mohanty]
Under Secretary [Tax Policy & Legislation-IV]

to download official notification Click Here

CIRCULAR NO : 08 /2013 F.No. 275/192/2013-IT(B)

To Download CIRCULAR NO : 08 /2013 F.No. 275/192/2013-IT(B) Click Here

Tecnically No extensión of date of filing income tax return and no extension for tax audit report either.

Today CBDt Issued the notification on Extension of Due Date on Tax Audit. What’s the use of this ? Honestly this is quite stupid on the part of CBDT better not come out with any extension then this. Actually there is no Extension of the Due Date. Only immunity provided to tax payer is that those who are facing difficulty in filing their tax audit report may file it manually with their respective assessing officer before the due date I.e. 30th Sep. and later on file it electronically until 31st Oct. 2013.

Today Many professionals, have sent wrong mails/wrong SMS that date has extended up to 31st October, with out interpreting the notification. Please read notification carefully and do not believe on the mails/messages of these elected representatives.

Get Sudycafe's Updates by SMS in your mobile by Following below two Steps: 
2. Send a SMS, Type: JOIN CASTUDYCAFE & send to 9219592195


Subscribe to Studycafe by Email

CBDT Extended Due Date of Furnishing Tax Audit Report to 31 October


CBDT Extended Due Date of Furnishing Tax Audit Report to 31 October but no extension of ITR.
To Download Official notification Click Here

CBDT Creates Detailed Procedure To Track Non-Filers Of Income-tax Returns

The CBDT has issued Instruction No. 14/2013 dated 23.09.2013 by which it has created a “Standard Operating Procedure for cases under Non-filers Monitoring System”. The Instruction points out that the existing procedure for monitoring cases of ‘Non-Filers of IT Returns’ as identified by Director General of Incom Tax (System) results in Non-Filers not being uniformly monitored by the Assessing Officers due to lack of consistency in approach in dealing with such cases. In order to streamline the processing Of such cases and to ensure consistency in monitoring NMS cases by the Assessing Officers, the Board has laid down a detailed Standard Operating Procedure.


To
All Chief-Commissioners of Income-tax
All Directors-General of Income-tax
Sir/Madam
Subject: Standard Operating Procedure for cases under Non-filers Monitoring System
('NMS') -regarding-
The existing procedure for monitoring cases of 'Non-Filers of IT Returns' as identified by Director
General of Income Tax (System) has been examined by the Board. It is felt that at present, cases of
Non-Filers are not being uniformly monitored by the Assessing Officers due to lack of consistency in
approach in dealing with such cases, Therefore, in order to streamline processing Of such cases and to ensure consistency in monitoring NMS cases by the Assessing Officers, the Board, hereby lays down the following Standard Operating Procedure:
1. The Assessing Officer should issue letter to the assessee within 15 days of the case being
NMS, seeking information about the return of income flagged in: NMS. Facility to
generate letter has been provided in the NMS module of i-taxnet.
2. IF the letter is delivered, the Assessing Officer should capture the delivery date in the NMS
module.
3. If the letter is not delivered, the Assessing Officer should issue letter to the alternate
addresses f the assesse available in the Online Monitoring System or any other address
available with the Assessing Officer through field enquiries or otherwise. All addresses used
in IT Return, AIR, CIB databases have been made available to the Assessing Officer in the
Online MO toring System to assist the field formations in identification of current address of
the taxpayer.
4. If the return is received, the assessing officer should capture the details in AST within 15 days
of filing of i he return. If the assessee informs that paper return has already been filed which
was not captured in AST, the details of return should be entered in the AST within 15 days of
receiving s i ch information. E - filed returns will be automatically pushed to NMS.
5. , If no retururn is  required to be filed in the case (non resident etc.), the Assessing Officer should
mark "No return is required" and mention reason for the same in NMS which needs to be
confirmed by Range head.
6. If the Assessing Officer is not able to serve the letter and identify the taxpayer, assessing
officer should mark the assessee "Assessee not traceable" in NMS which needs to be

confirmed y Range head.
7. In cases where the assesse has been identified and no return has been filed within 30 days of
the time given in the letter, the Assessing Officer should consider initiation of proceedings u/s
142(1)14 13 in AST.
8. The cases will be processed every week by the Directorate of Systems and will be marked as
closed in NMS if one of the following actions are taken for A.Yr.'s 2010-11, 2011-12 and
2012-13:
a) Details of return are available in AST
b) Notice u/s 142(1) or 148 has been issued in MT
c) "No return is required" is marked by the Assessing Officer and confirmed by
Range head.

I am further direted to state that the above be brought to notice of all officers working under your
jurisdiction for necessary and strict compliance.

To Download the Official Notification click here.

Get Sudycafe's Updates by SMS in your mobile by Following below two Steps: 
2. Send a SMS, Type: JOIN CASTUDYCAFE & send to 9219592195


Subscribe to Studycafe by Email

CBDT Directs Immediate Issue Of Refunds Due For FY 2011-12

The CBDT has issued a letter dated 20.09.2013 to the Chief Commissioners of Income-tax pointing out that despite earlier instructions to pay over the refunds due for FY 2011-12 the progress so far has been tardy. The CCsIT have been directed to take necessary action and direct the Assessing Officers to issue the refunds for AY 2011-12 without further delay. The CCsIT have also been directed to personally monitor the progress in the above respect and send a report on the matter by 15.10.2013 with reasons for non-issue of refunds, if any



To Download Official Notification Click Here


Get Sudycafe's Updates by SMS in your mobile by Following below two Steps: 
2. Send a SMS, Type: JOIN CASTUDYCAFE & send to 9219592195



Subscribe to Studycafe by Email

Banks will function on Saturday and Sunday to accept advance tax; it can be paid even on Sept. 16, 2013 - CBDT

CBDT PRESS RELEASE, DATED 12-9-2013

It is informed that the payment of Quarterly Advance Tax on or before 15th September, 2013 by the tax payers is a statutory requirement. All such tax payers who are liable to pay advance tax must make payments in the designated branches of the banks authorized to accept tax payments.

2. All such designated branches of authorized banks have been asked to function on 14th and 15th September, 2013 (Saturday & Sunday) to accept advance tax payments. If any tax payer fails to pay the advance tax on 14th/15th September, 2013, he can make the payment even on 16th September, 2013. - www.pib.nic.in

Get Sudycafe's Updates by SMS in your mobile by Following below two Steps: 
2. Send a SMS, Type: JOIN CASTUDYCAFE & send to 9219592195


Subscribe to Studycafe by Email

CBDT instructs to verify and rectify unmatched TDS challans in form 26AS by 31-12-2013

INSTRUCTION NO 11/2013, Dated: 27 August, 2013

Subject: – Action on Unmatched Challans reflected in Form 26AS – direction of the Hon’ble Delhi HC in the case ‘Court on Its Own Motion vs. UOI & Ors in WP(C) 2659/2012 & WP(C) 5443/2012′- regarding

1. The. Hon’ble Delhi High Court vide its judgement in the case ‘Court On its Own Motion vs. UOI and Ors’ (W.P. (C) 2659/2012 & W.P. (C) 5443/2012 dated 14.03.2013) has issued seven mandamuses for necessary action by Income-tax Department, one of which is regarding the issue of ‘Unmatched Challans’ reflected in Form 26AS where the report by the deductor in the TDS statement are not found available in the OLTAS database resulting in TDS mismatch.

2. The unmatched challans belong to two categories of TDS statements, viz.-
(i) Statements pertaining to FY 2011-12 and earlier which have been processed by jurisdictional TDS Assessing Officers [hereinafter AOs(TDS)]
(ii) Statements pertaining to FY 2012-13 onwards, now processed by CPC(TDS)
 
3. The Hon’ble Delhi High Court (reference: para 42 of the order), has directed that
“…with regard to unverified TDS under the heading ‘U’ in form 26AS for verification and correcting unmatched challans within a time period, which should be fixed by the Board keeping in mind the date of filing of return and processing of return by the assessing officers.”
 
4. In view of the above direction of the Hon’ble High Court, it has been decided by the Board that the CPC(TDS)/AOs(TDS) shall immediately issue letters to the deductors, in whose case TDS challans are unmatched, with a view to verify and correct these challans. If necessary, the deductors may be asked to file correction statements, as per the procedure laid down and necessary follow up action be taken. CBDT instructs to verify and rectify unmatched TDS challans in form 26AS by 31-12-2013 for FY 2012-13 in the case of CPC (TDS) and FYs 2011-12 & earlier in case of AOs (TDS).
5. This may be brought to notice of all Officers working under your jurisdiction for compliance.
 
6. Hindi version shall follow.

F. No. 275/0312013-IT(B)
(Anshu Prakash)
Director IT (Budget), CBDT

CBDT amends I-T Rules for furnishing of info of sum paid to NRs; revised Forms 15CA and 15CB notified

INCOME-TAX (TWELFTH AMENDMENT) RULES, 2013 - SUBSTITUTION OF RULE 37BB AND FORM NOS. 15CA AND 15CB
NOTIFICATION NO. 58/2013 [F.NO.149/119/2012-SO(TPL)]/SO 2363(E), DATED 5-8-2013
In exercise of the powers conferred by sub-section (6) of section 195 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—
1. (1) These rules may be called the Income-tax (12th Amendment) Rules, 2013.
(2) They shall come into force on the 1st day of October, 2013.
2. In the Income-tax Rules, 1962 (hereafter referred to as the said rules), for rule 37BB, the following rule shall be substituted, namely:—
"37BBFurnishing of information by the person responsible for making payment to a non-resident, not being a company, or to a foreign company—(1) The person responsible for making any payment to a non-resident, not being a company, or to a foreign company shall furnish the following, namely:—
(i)

the information in Part A of Form No.15CA, if the amount of payment does not exceed fifty thousand rupees and the aggregate of such payments made during the financial year does not exceed two lakh fifty thousand rupees;
(ii)

the information in Part B of Form No.15CA , if the payment is not chargeable to tax and is of the nature specified in column (3) of the specified list ;
(iii)

the information in Part C of Form No.15CA for payments other than the payments referred in clause (i) and clause (ii) after obtaining—

(a)

a certificate in Form No. 15CB from an accountant as defined in the Explanation below sub-section (2) of section 288; or
(b)

a certificate from the Assessing Officer under section 197; or
(c)

an order from the Assessing Officer under sub-section (2) or sub-section (3) of section 195.
(2) The information in Form No. 15CA shall be furnished by the person electronically to the website designated by the Income-tax Department and thereafter signed printout of the said form shall be submitted to the authorised dealer, prior to remitting the payment.
(3) An income-tax authority may require the authorised dealer to furnish the signed printout referred to in sub-rule (2) for the purposes of any proceedings under the Act.
(4) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture, transmission of data and shall also be responsible for the day-to-day administration in relation to furnishing the information in the manner specified.
Explanation. - For the purposes of this rule,—
(a)

'authorised dealer' means a person authorised as an authorised dealer under sub-section (1) of section 10 of the Foreign Exchange Management Act, 1999 (42 of 1999);
(b)

the specified list refers to the payments of the nature as indicated below:
SPECIFIED LIST

Sl.No.
Purpose code as per RBI
Nature of payment

(1)
(2)
(3)

1
S0001
Indian investment abroad -in equity capital (shares)

2
S0002
Indian investment abroad -in debt securities

3
S0003
Indian investment abroad -in branches and wholly owned subsidiaries

4
S0004
Indian investment abroad -in subsidiaries and associates

5
S0005
Indian investment abroad -in real estate

6
S0011
Loans extended to Non-Residents

7
S0101
Advance payment against imports

8
S0102
Payment towards imports-settlement of invoice

9
S0103
Imports by diplomatic missions

10
S0201
Payments for surplus freight or passenger fare by foreign shipping companies operating in India.

11
S0202
Payment for operating expenses of Indian shipping companies operating abroad.

12
S0203
Freight on imports - Shipping companies

13
S0204
Freight on exports - Shipping companies

14
S0206
Booking of passages abroad - Shipping companies

15
S0208
Operating expenses of Indian Airlines companies operating abroad

16
S0209
Freight on imports - Airlines companies

17
S0212
Booking of passages abroad - Airlines companies

18
S0213
Payments on account of stevedoring, demurrage, port handling charges etc.

19
S0301
Remittance towards business travel.

20
S0302
Travel under basic travel quota (BTQ)

21
S0303
Travel for pilgrimage

22
S0304
Travel for medical treatment

23
S0305
Travel for education (including fees, hostel expenses etc.)

24
S0401
Postal services

25
S0501
Construction of projects abroad by Indian companies including import of goods at project site

26
S0601
Payments for life insurance premium

27
S0602
Freight insurance - relating to import and export of goods

28
S0603
Other general insurance premium

29
S1011
Payments for maintenance of offices abroad

30
S1201
Maintenance of Indian embassies abroad

31
S1202
Remittances by foreign embassies in India

32
S1301
Remittance by non-residents towards family maintenance and savings

33
S1302
Remittance towards personal gifts and donations

34
S1303
Remittance towards donations to religious and charitable institutions abroad

35
S1304
Remittance towards grants and donations to other governments and charitable institutions established by the governments.

36
S1305
Contributions or donations by the Government to international institutions
37
S1306
Remittance towards payment or refund of taxes.

38
S1501
Refunds or rebates or reduction in invoice value on account of exports

39
S1503
Payments by residents for international bidding".
3. In the said rules, in Appendix II, for Form No.15CA and Form No. 15CB, the following Forms shall be substituted, namely:-
FORM NO. 15CA
(See rule 37BB)
Information to be furnished for payments to a non-resident not being a company, or to a foreign company

Form No. 15CB
(See rule 37BB)
Certificate of an accountant 1


1. To be signed and verified by an accountant (other than an employee) as defined in the Explanation below sub-section (2) of section 288 of Income-tax Act, 1961.
 Get Sudycafe's Updates by SMS in your mobile by Following below two Steps: 
2. Send a SMS, Type: JOIN CASTUDYCAFE & send to 9219592195


Subscribe to Studycafe by Email

Blog Archive

Search This Blog

Subscribe via email

Enter your email address:

Delivered by FeedBurner

Recommend us on Google!
-->