CBDT notifies 11th Amendment Rule relating to New Form 26A & Form 27BA CBDT notifies 11th Amendment Rule relating to New Form 26A & Form 27BA

37/2012, Dated: September 12, 2012

In exercise of the powers conferred by 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 (11th  Amendment) Rules, 2012.       (2)They shall come into force on the date of publication in the Official Gazette.
2. In the Income-tax Rules, 1962, (hereafter referred to as the “said rules”),-

a. after rule 31ACA, the following rule shall be inserted, namely:-

“Form for furnishing certificate of accountant under the first proviso to sub-section (1) of section 201
31ACB. The certificate from an accountant under first proviso to sub-section (1) of section 201 shall be furnished in Form No.26A”;

(b) after rule 37-I, the following rule shall be inserted, namely:-

“Form for furnishing certificate of accountant under first proviso to sub-section (6A) of section 206C
37J. The certificate from an accountant under first proviso to sub-section (6A) of section 206C shall be furnished in Form No.27BA”.
3. In Appendix-II to the said rules.-

(a) after Form No.26, the following form shall be inserted, namely:-

“FORM NO.26A
(See rule 31ACB]
Form for furnishing accountant certificate under the first proviso to sub-section (1) of section 201 of the Income-tax Act, 1961

I, __________________________________________________, am the person responsible for paying (within the
                   (name)
meaning of section 204) in the case of _____________________________________________________ with PAN
                                                                                (name of the payer)
# ____________________________ and TAN _______________________________ located at __________________
(PAN of the payer)                                                        (TAN of the payer)
____________________________________________________________________
                       (address of the payer)
I do hereby state that I, being the person responsible for paying had paid to/credited to the account of
________________________________________ as sum of _______________________________________ rupees without
(name of the payee)
Deduction of whole or any part of the tax
A certificate from an accountant certifying that the payee has fulfilled all the conditions mentioned in the first proviso to sub-section (1) of section 201 of the Income-tax Act, 1961 is enclosed as Annex ‘A’ to this Form
I further state that the interest under sub-section (1A) of section 201 amounting to _____________________ rupees for non-deduction/short deduction of tax
* has been paid by me, the details of which are as under:-

BSR Code/**24G Receipt Number (first seven digits of BIN)	Challan Serial Number/**DDO Serial Number (last five digits of BIN)	Date of deposit through challan/**date of transfer voucher

or

*has not yet been paid by me
Place:	Signature:
Date :	Designation:

# In case of Government deductors, “PANNOTREQD” should be mentioned
*Delete whichever is not applicable
** For payment made without the production of challan

ANNEXURE A

Certificate of accountant under first proviso to sub-section (1) of section 201 of the Income-tax Act, 1961 for certifying the furnishing of return of income, payment of tax etc. by the payee.
I/We*   hereby   confirm   that   I/we*   have   examined   the   relevant   accounts,   documents   and   records   of
_______________________________________________________________________________________________ for the (name and address of the payee with PAN)
Period _______________________     and hereby certify the following:
(i)  _____________________________________  (payer)  has  paid  to  or  credited  following  sum  to  the  account  of
____________________________ (payee) without deduction of whole or any part of the tax in accordance with the provisions of Chapter-XVII-B

Nature of payment	Date of payment or credit	Section under which tax was deductible	Amount paid or credited	Amount of tax deductible	Details of amount deducted, if any
					Amount deducted	Date of deduction

(ii)  The  payee,  who  is  a  resident,  has  furnished  his  return  of  income  for  the  assessment year _______________ relevant to the payment referred to in (i) above. The details of return of income filed by the payee are as under:

Date of filing return	Mode of filing i.e. whether e- filed or paper return	Acknowledgement number of return filed	If paper return- designation and address of the Assessing officer	Amount of total taxable income as per return filed	Tax due on the income declared in the return	Details of tax paid

(iii) The payee has taken into account the sum referred to in (i) for computing his taxable income in return of income filed by him, the details of which are as under:-

Receipt on which Tax has not been deducted	Head of Income under which the receipt is accounted for	Gross receipt under the head of income under which the receipt is accounted for	Amount of taxable income under the head of income under which the receipt is accounted for

(iv) It has been ensured that the information furnished is true and correct in all respects and no relevant information has been concealed or withheld
(v) Neither I, nor any of my partners, is a director, partner or an employee of the above mentioned entities or its associated concerns
I/we* fully understand that any statement made in this certificate, if proved incorrect or false, will render me/us* liable for any penal or other consequences as may be prescribed in law or is otherwise warranted.

(Signature and Stamp/Seal of the Signatory)
Accountant

Place	Name of the Signatory Full Address
Date:	Membership No

Notes:

1. *Delete whichever is not applicable
2. This certificate is to be given by -

(i) a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949); or
(ii) any person, who in relation to any State, is, by virtue of the provisions in sub-section (2) of section 226 of the companies Act, 1956 (1 of 1956), entitled to be appointed to act as an auditor of companies registered in that State”.

(b) after Form No.27B, the following form shall be inserted, namely:-

“FORM NO.27BA(See rule 37J]
Form for furnishing accountant certificate under the first proviso to sub-section (6A) of section 206C of the Income-tax Act, 1961

I, ____________________________________________________ am the person responsible for collecting tax under
                        (name)
section 206C in the case of _____________________________ with PAN # ________________________________
                                            (name of the seller/licensor/lessor)                            (PAN of the seller/licensor/lessor)
and TAN __________________________________ located at _______________________________________.
                 (TAN of the seller/licensor/lessor)                                                         (address of the seller/licensor/lessor)
I do hereby state that I, being the person responsible for collecting tax, had received from/debited to the
account of _______________________________________ a sum of ______________ rupees without collection of
                             (name of the buyer/licensee/lessee)
whole or any part of tax.

I, further, state that the interest under sub-section (7) of section 206C amounting to _______________ rupees for non-collection/short collection of tax

* has been paid by me, the details of which are as under:-

BSR Code/**24G Receipt Number (first seven digits of BIN)	Challan Serial Number/**DDO Serial Number (last five digits of BIN)	Date of deposit through challan/**date of transfer voucher

or

*has not yet been paid by me

Place	Signature:
Date:	Designation:

# In case of Government deductors, “PANNOTREQD” should be mentioned.
*Delete whichever is not applicable.

** For payment made without the production of challan by the Government deductor.

ANNEXURE A

Certificate of accountant under first proviso to sub-section (6A) of section 206C of the Income-tax Act, 1961 for certifying the furnishing of return of income, payment of tax etc. by the buyer/licensee/lessee.
I/We* hereby confirm that I/we* have examined the relevant accounts, documents and records of ______________________________________________________________________________ for the
(name and address of the buyer/licensee/lessee with PAN)
period _______________________ and hereby certify the following:
(i) _____________________________________ (seller/licensor/lessor) has received from or credited following sum to
the account of ____________________________ (buyer/licensee/lessee) without deduction of whole or any part of the tax in accordance with the provisions of Chapter-XVII-BB

Nature of Receipt	Date of Receipt or debit	Section under which tax was Collectible	Amount received or debited	Amount of tax collectible	Details of amount collected, if any
					Amount collected	Date of collection

(ii)  The  buyer/licensee/lessee,  has  furnished  his  return  of  income  for  the  assessment  year  _______________ relevant to the receipt referred to in (i) above. The details of return of income filed by the buyer/licensee/lessee are as under:

Date of filing return	Mode of filing i.e. whether e- filed or paper return	Acknowledgement number of return filed	If paper return- designation and address of the Assessing officer	Amount of total taxable income as per return filed	Tax due on the income declared in the return	Details of tax paid

(iii) The buyer/licensee/lessee has taken into account the sum referred to in (i) for computing his taxable income in return of income filed by him, the details of which are as under:-

Payment on which Tax has not been collected	Head of Income under which the payment is accounted for	Gross payment under the head of income under which the payment is accounted for	Amount of taxable income under the head of income under which the payment is accounted for

(iv) It has been ensured that the information furnished is true and correct in all respects and no relevant information has been concealed or withheld
(v) Neither I, nor any of my partners, is a director, partner or an employee of the above mentioned entities or its associated concerns
I/we* fully understand that any statement made in this certificate, if proved incorrect or false, will render me/us* liable for any penal or other consequences as may be prescribed in law or is otherwise warranted.

	(Signature and Stamp/Seal of the Signatory)
	†Accountant
Place:	Name of the Signatory………………………..
Date:	Full Address……………………….………..…..
	Membership No. …………………………..…..

Notes:
1. *Delete whichever is not applicable.
2. this certificate is to be given by

(i) A chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949); or
(ii) Any person, who in relation to any State, is, by virtue of the provisions in sub-section (2) of section 226 of the companies Act, 1956 (1 of 1956), entitled to be appointed to act as an auditor of companies registered in that State.”.

F.No.142/18/2012-SO(TPL)

(J Saravanan)
Under Secretary (TPL-III)

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide notification number S.O.969(E), dated the 26th March, 1962 and last amended by the Income-tax (10th Amendment) Rules, 2012 vide notification S.O. 2005(E) dated 30th August, 2012.