GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
(CENTRAL BOARD OF DIRECT TAXES)
NEW DELHI
NOTIFICATION NO. 46/2014, Dated: September 24, 2014
INCOME-TAX
1. (1) These rules may be called the Income-tax (9th Amendment) Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962,-
(a) in rule 28AA, for sub-rule (4) and sub-rule (5), the following sub-rules shall be substituted, namely:-
“(4) The certificate for no deduction of tax shall be valid only with regard to the person responsible for deducting the tax and named therein.
(5) The certificate referred to in sub-rule (4) shall be issued direct to the person responsible for deducting the tax under advice to the person who made an application for issue of such certificate.
(6) The certificate for deduction of tax at lower rate shall be issued to the person who made an application for issue of such certificate, authorising him to receive income or sum after deduction of tax at lower rate.”;
(b) in Appendix-II, for Form No.13, the following Form shall be substituted, namely:-
“Form No 13
(See rules 28 and 37G)
Application by a person for a certificate under sections 197
and/or 206C(9) of the Income-tax Act, 1961, for no
*deduction/collection of tax or *deduction/collection of tax at a lower rate
To
The Assessing Officer,
1.*I, ……………..of……………… do, hereby, request that a certificate may be issued to the person responsible for paying to me the incomes/sum by way of salary/interest on securities/interest other than “interest on securities”/insurance commission/commission (not being insurance commission) or brokerage/commission, etc., on the sale of lottery tickets/fees for professional or technical services/any sum by way of payment to contractors and sub-contractors/dividends/rent/income in respect of units/sum by way of payment of compensation on acquisition of immovable property (strike out whichever is not applicable) authorising him not to deduct income-tax at the time of payment to me of such income/sum. The particulars of my income and other details are as per para 2.
and/or
*I, …………………of …………………do, hereby, request that a certificate may be issued to me for receiving the incomes/sum by way of salary/interest on securities/interest other than “interest on securities”/insurance commission/commission (not being insurance commission) or brokerage/commission, etc., on the sale of lottery tickets/fees for professional or technical services/any sum by way of payment to contractors and sub-contractors/dividends/rent/income in respect of units/sum by way of payment of compensation on acquisition of immovable property (strike out whichever is not applicable) after deduction of income-tax at the rate of………….. per cent. The particulars of my income and other details are as per para 2.
and/or
*I, of do, hereby, request that a certificate may be issued to the seller, being the person responsible for collecting the tax from me in respect of the amount payable by me as the buyer of [specify the nature of goods referred to in the Table in sub-section (1) of section 206C]/lessee or licensee of [specify the nature of contract or licence or lease referred to in the Table in sub-section (1C) of section 206C] (Strike out whichever is not applicable) authorizing him to collect income-tax at the rate of per cent at the time of debit of such amount to my account or receipt thereof from me, as the case may be. The particulars of my income and other details are as per para 2.
2. The particulars of my income and other details are as under :
(i) Status
(State whether individual, Hindu undivided family, firm, body of individuals, Company, etc.)
(ii) Residential status
(Whether resident / resident but not ordinarily resident/ non-resident)
(iii) Permanent Account No. (PAN)
(iv) Tax Deduction and Collection Account No. (TAN)
(v) Details of returns/statements which have become due but have not been filed :
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Section under which return/statement has become due
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Assessment year/ quarter
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Due date for filing
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Reason for not filing
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(1)
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(2)
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(3)
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(4)
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Section 139
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|||
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Section 200
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Section 206C
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(vi) Details of returned income/ assessed income for the last three assessment years:
(enclose copies of returns of income filed alongwith their enclosures and copies of assessment orders, if assessed, for the last three assessment years.)
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Assessment year
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Total income as per return of income
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Total income as per latest assessment
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Total tax including interest payable on returned income
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Total tax including interest payable on assessed income
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(1)
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(2)
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(3)
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(4)
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(5)
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(vii) Details of tax payment for the last three assessment years:
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Assessment year
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Total payment of tax including interest
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Tax paid by way of Advance tax
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Credit claimed for tax deduction at source
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Credit claimed for tax collection at source
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(1)
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(2)
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(3)
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(4)
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(5)
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(viii) Details of sales, profit, etc. for the last three previous years in the case of assessee whose income include income under the head “Profits and gains of business or profession”:
(enclose copies of profit and loss account and balance sheet along with audit report, if audited, for the last three previous years)
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Previous year
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Gross sales, turnover receipt of business or profession
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Gross profit
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Net profit
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||
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In rupees
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In percentage to amount stated in column (1)
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In rupees |
In percentage to amount stated in column (1)
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(1)
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(2)
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(3)
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(4)
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(5) |
(6)
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(ix) Details of existing liability under Income-tax Act, 1961 and Wealth-tax Act, 1957:
| Assessment Year/ period | Liability under the Income-tax Act, 1961 | Amount payable under the Wealth-tax Act, 1957 | |||
| Amount payable in respect of advance-tax | Amount payable for self- assessment tax | Amount for which notice of demand under section 156 has been served but not paid | payable as deductor or collector which had become due but not paid | ||
| (1) | (2) | (3) | (4) | (5) | (6) |
(x) Assessment year to which the payments relate
(xi) Estimated total income of the previous year relevant to the assessment year referred to in(x) above (give detailed computation and basis thereof)
(xii) Total tax including interest payable on the income at (xi)
(xiii) How the liability mentioned in col. (ix) and col. (xii) is proposed to be discharged?
(xiv) Details of payment of advance-tax and tax already deducted/collected for the assessment year relevant to the current previous year till date.
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Nature of prepaid tax
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Date of payment/deduction/collection
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Advance tax
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TDS
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TCS
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(xv) Details of income claimed to be exempt and not included in the total income in col.
(xi) (Please append a note giving reason for claiming such exemption).
(xvi) Please furnish the particulars in Annexure-I in respect of no deduction of tax under section 197 where it is requested that certificate is to be issued under sub-rule (4) of rule 28AA; or in Annexure –I-A in respect of deduction of tax at a lower rate under section 197 where it is requested that the certificate is to be issued under sub-rule (6) of rule 28AAand/or in Annexure-II for collection of tax at lower rate under section 206C(9) of the Income-tax Act, as the case may be.
*I, _____________ the trustee/co-trustee of ________________ do hereby declare that the securities/sums/shares, particulars of which are given in the Annexure, are properly held under trust wholly for charitable or religious purposes and that the income therefrom qualifies for exemption under sections 11 and 13 of the Income-tax Act, 1961.
*I declare that the securities/sums/shares, particulars of which are given in the Schedules above, stand in my name and are beneficially owned by me, and the income therefrom is not includible in the total income of any other person under sections 60 to 64 of the Income-tax Act, 1961.
I further declare that what is stated in this application is correct.
| Date………………. | Signature………………………. |
| Place……………… | Address…………………………. |
*Strike out whichever is not applicable.
ANNEXURE I
[For the purpose of tax deduction at source]
Please furnish the particulars in the Schedules below in respect of the payments for which the certificate is sought, –
SCHEDULE I
| Description of securities |
Number of securities |
Date of securities | Amount of securities | Estimated amount of interest to be received |
| (1) | (2) | (3) | (4) | (5) |
SCHEDULE II
| Sl. No. | Estimated amount of interest to be received |
Amount of such sums |
The date on which such sums were given on interest |
Period for which such sums were given on Interest |
| (1) | (2) | (3) | (4) | (5) |
SCHEDULE III
| Sl. No. | Name and address of person responsible for paying insurance commission | Estimated amount of insurance commission |
| (1) | (2) | (3) |
SCHEDULE IV
| Sl. No. | Name and address of the employer |
Period of employment |
Amount of salary received |
Income from house property |
Income from sources other than salary and income from house property |
Estimated total income |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
SCHEDULE V
| Sl. No. | Name and address of the employer |
Period of employment |
Amount of salary received |
Income from house property |
Income from sources other than salary and income fro |
Estimated total income |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
SCHEDULE VI
| Sl. No. | Name and address of person responsible for paying rent | Estimated amount of rent to be received |
| (1) |
(2) | (3) |
SCHEDULE VII
| Sl. No. | Name and address of the mutual fund |
No. of units | Classes of units and face value of each unit |
Total face value of units | Distinctive numbers of units | Estimated amount of income to be received |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
SCHEDULE VIII
| Sl. No. | Name and address of person responsible for paying commission (not being insurance commission referred to in section194D) or brokerage. | Estimated amount of commission (not being insurance commission referred to in section194D) or brokerage to be received |
| (1) | (2) | (3) |
SCHEDULE IX
| Sl. No. | Full name and address of the authority/person with whom the contract was made |
Date of the contract |
Nature of the contract | Date by which work on the contract would be completed |
Sums expected to be credited / paid in pursuance of the contract during the current previous year and each of the three immediately succeeding years |
| (1) | (2) | (3) | (4) | (5) | (6) |
SCHEDULE X
| Sl. No. | Name and address of person(s) responsible for paying commission, remuneration or prize (by whatever name called)on the sale of lottery tickets | Estimated amount of commission/remuneration/prize to be received(strike out whichever is not applicable) |
| (1) | (2) | (3) |
SCHEDULE XI
| Sl. No. | Name and address of person(s) responsible for paying fees for professional/technical services | Estimated amount of fees for professional/technical services to be received (strike out whichever is not applicable) |
| (1) | (2) | (3) |
SCHEDULE XII
| Sl. No. |
Name and address of person responsible for paying compensation or enhanced compensation or the consideration or enhanced consideration on account of compulsory acquisition of immovable property |
Estimated amount of compensation or the enhanced compensation or consideration or the enhanced consideration |
| (1) | (2) | (3) |
|
Date………………
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(Signature)………………….
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|
Place……………….
|
(Address)………………………. …………………………………….. |
ANNEXURE I-A
(For the purpose of tax deduction at source)
Please furnish the particulars in the Schedule below in respect of the payments for which the certificate is sought,-
SCHEDULE
| Sl. No. | Nature of payment | Estimated amount of incomes/sum to be received |
| (1) | (2) | (3) |
| Date…………………. | (Signature)……………………
|
| Place…………………… | (Address)…………………………
…………………………………….. |
ANNEXURE II
(For the purpose of tax collection at source)
Please furnish particulars of the amounts payable in respect of which the certificate is sought in the schedules below:-
SCHEDULE I
|
Sl. No.
|
Full name and address of the seller
|
Date of sale with reference number of
such sale |
Nature and description of
the goods sold and details of sale |
Amounts expected to be
debited/ paid in pursuance of the sale during the current financial year and each of the three immediately succeeding years |
| (1) | (2) | (3) | (4) | (5) |
SCHEDULE II
|
Sl. No.
|
Full name and
address of the person granting lease or licence |
Date of grant of lease or licence or contractor transfer of right
with reference number |
Nature of contract or licence or lease and description and details of the contract
|
Amounts expected to be
debited/ paid in pursuance of the contract during the current financial year and each of the three immediately succeeding years |
| (1) | (2) | (3) | (4) | (5) |
| Date………………… | Signature of the buyer………………………… |
| Full Name…………………………….. | |
| Designation…………………………….. |
F.No.133/10/2014-TPL
(Rajesh Kumar Bhoot)
Director (TPL)
Note: The principal rules were published in the Gazette of India vide notification number S.O. 969(E), dated the 26th March, 1962 and last amended vide notification numberS.O. 2399(E), dated the 16.09.2014.
Dear Ajit,
We are also facing same trouble with one of our deductor. We have inquired with the tax deductor several times but there is no communication from his side. As per one of the decisions you can go ahead and file your ITR while claiming the TDS amount so deducted even it is not reflected in Form 26AS or the deductor has not deposited the same with the department. On any question raised by the AO, it will be the responsibility of the assessee to prove that TDS has been deducted on the paymhent received. So in that case you can show the bank statement showing receipt of payment after deduction of tax against the amount of bill.
one of my party has deducted my TDS and paid the net amount, but when i checked my form 26as the said TDS was not reflected in my a/c, when i called the party, he had informed that he will be paying the tds and etds return in future. my question is, how can i fill my income tax return.