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:-
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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 |
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or
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*has not yet been paid by me |
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Place: |
Signature: |
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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
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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 |
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Amount deducted |
Date of deduction |
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(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:
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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 |
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(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:-
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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 |
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(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
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| Date: |
Membership No
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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:-
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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 |
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or
*has not yet been paid by me
| Place |
Signature:
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| Date: |
Designation:
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# 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
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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 |
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Amount collected |
Date of collection |
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(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:
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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 |
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(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:-
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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 |
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(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.
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(Signature and Stamp/Seal of the Signatory)
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†Accountant
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Place: |
Name of the Signatory………………………..
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Date: |
Full Address……………………….………..…..
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Membership No. …………………………..…..
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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.