The CBDT has notified that any sum deducted under section 194M shall be paid to the credit of the Central Government within a period of thirty days from the end of the month in which the deduction is made and shall be accompanied by a challan-cum-statement in Form No. 26QD. Every person responsible for deduction of tax under section 194M shall furnish the certificate of deduction of tax at source in Form No.16D to the payee within fifteen days from the due date for furnishing the challan-cum-statement in Form No.26QD under rule 31A after generating and downloading the same from the web portal

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)

Notification No. 98/2019

New Delhi, the 18th November, 2019
INCOME-TAX

G.S.R.858(E).- In exercise of the powers conferred by section 295 read with section 194M and 194N of the Income- tax Act, 1961, the Central Board of Direct Taxes, hereby, makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. Short title and commencement.-

(1) These rules may be called the Income-tax (14th Amendment) Rules, 2019.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962 (hereinafter referred to as the principal rules), in rule 30, –

(a) after sub-rule (2B), the following sub-rule shall be inserted, namely:-

“ (2C) Notwithstanding anything contained in sub-rule (1) or sub-rule (2), any sum deducted under section 194M shall be paid to the credit of the Central Government within a period of thirty days from the end of the month in which the deduction is made and shall be accompanied by a challan-cum-statement in Form No. 26QD.”;

(b) after sub-rule (6B), the following sub-rule shall be inserted, namely:—

“(6C) Where tax deducted is to be deposited accompanied by a challan-cum-statement in Form No.26QD, the amount of tax so deducted shall be deposited to the credit of the Central Government by remitting it electronically within the time specified in sub-rule (2C) into the Reserve Bank of India or the State Bank of India or any authorised bank.”.

3. In the principal rules, in rule 31, after sub-rule (3B), the following sub-rule shall be inserted , namely:— “

“(3C) Notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3), every person responsible for deduction of tax under section 194M shall furnish the certificate of deduction of tax at source in Form No.16D to the payee within fifteen days from the due date for furnishing the challan-cum-statement in Form No.26QD under rule 31A after generating and downloading the same from the web portal specified by the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) or the person authorised by him.”

4. In the principal rules, in rule 31A, in sub-rule (4), after clause (viii) the following clause shall be inserted, namely:—

“(ix) furnish particulars of amount paid or credited on which tax was not deducted in view of the exemption provided in clause (iii) or clause (iv) of the proviso to section 194N or in view of the notification issued under clause (v) of the proviso to section 194N.”

5. In the principal rules in rule 31A, after sub-rule(4B), the following sub-rule shall be inserted, namely: –

“(4C) Notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3) or sub-rule (4), every person responsible for deduction of tax under section 194M shall furnish to the Principal Director General of Income-tax (Systems) or Director General of Income-tax (System) or the person authorised by the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) a challan-cum-statement in Form No.26QD electronically in accordance with the procedures, formats and standards specified under sub-rule (5) within thirty days from the end of the month in which the deduction is made.”

6. In the principal rules, in Appendix II —

(a) after Form No.16C, the following Form shall be inserted, namely: —

Form No. 16D

[See rule 31(3C)]

Certificate under section 203 of the Income-tax Act, 1961 for tax deducted at source
Certificate No. Last updated on
Name and address of the Deductor Name and address of the Deductee
PAN/Aadhaar No. of the Deductor PAN/Aadhaar No. of the Deductee Financial Year of deduction

Summary of the Transaction(s)

S.No. Unique Acknowledgement Number Nature of payment Amount Paid/Credited Date of Payment/credit (dd/mm/yyyy) Amount of tax deducted and deposited in respect of the deductee
Total (Rs.)

DETAILS OF TAX DEPOSITED TO THE CREDIT OF THE CENTRAL GOVERNMENT FOR WHICH CREDIT IS TO BE GIVEN TO THE DEDUCTEE

S.No. Amount of tax deposited in respect of deductee (Rs) Challan Identification Number
BSR Code of the Bank Branch Date on which tax deposited (dd/mm/yyyy) Challan Serial Number
1
2
Total (Rs.)

Verification

I,………. ,son/daughter of ………………… in the capacity of ….. ….. (Designation) do hereby certify that a sum of (Rs.)………….[Rs. ……….(in words)] has been deducted and deposited to the credit of Central Government. I further certify that the information given above is true, complete and correct and is based on the books of account, documents, challan-cum-statement of deduction of tax, TDS deposited and other available records.
Place (Signature of the person responsible for deduction of tax)
Date Full Name:

(b) In Form No. 26Q –

(i) for the brackets, words, figures and letters

“[See sections 193, 194, 194A, 194B, 194BB, 194C, 194D, 194EE, 194F, 194G, 194H, 194-I, 194J, 194LA and rule 31A]

Quarterly statement of deduction of tax under subsection (3) of section 200 of the Incometax Act in respect of payments other than salary for the quarter ended ……………………… (June/September/December/March) ……………… (Financial Year)”

the following brackets, words, figures and letters

“[See section 192A, 193, 194, 194A, 194B, 194BB, 194C, 194D, 194DA, 194EE, 194F, 194G, 194H, 194-I, 194J, 194LA,194LBA,194LBB,194LBC, 194N and rule 31A]

Quarterly statement of deduction of tax under sub-section (3) of section 200 of the Income-tax Act in respect of payments other than salary for the quarter ended…………………………(June/September/December/March) ………………(Financial Year)” shall be substituted;

(ii) for the word “Deductor” wherever it occurs, the words “Deductor/Payer” shall be substituted;

(iii) for the word “Deductors” wherever it occurs, the words “Deductors/Payers” shall be substituted;

(iv) for item no. 5 and entries relating thereto, the following item and entries shall be substituted, namely:-

“5. Details of amount paid and tax deducted thereon from the deductees and amount paid without deduction (see Annexure).”;

(v) for the “Annexure”, the following “Annexure” shall be substituted, namely:-

“ANNEXURE: DEDUCTEE/PAYEE WISE BREAK UP OF TDS”

(Please use separate Annexure for each line-item in Table at Sl. No. 04 of main Form 26Q)

Details of amount paid/credited during the quarter ended……….. (dd/mm/yyyy) and of tax deducted at source

Name of the Deductor/Payer
TAN

 

BSR Code of branch/Receipt Number of Form No. 24G
Date on which challan deposited/Transfer voucher date (dd/mm/yyyy)
Challan Serial Number / DDO Serial No. of Form No. 24G
Amount as per Challan
Total tax to be allocated among deductees/payees as in the vertical total of Col. 421
Total interest to be allocated among the deductees/payees mentioned below

Sl. No. Deductee /payee reference number provided by the deductor/payer, if available Deductee/ payee code (01- Company 02- Other than company) PAN of the deductee / payee Name of the deductee/ payee Section code (See Note 8) Date of payment or credit (dd/mm/ yyyy) Amount paid or credited
[412] [413] [414] [415] [416] [417] [418] [419]
1
2
3
Total

Amount of cash withdrawal in excess of Rs. 1 crore as referred to in section 194N Total tax deducted Total tax deposited Date of deduction (dd/mm/yyyy
)
Rate at which deducted Reason for non-deduction/ lower deduction/ Higher Deduction/ Threshold/ Transporter etc. (See notes 1 to 7) Number of the certificate under section 197 issued by the Assessing Officer for non-deduction/ lower deduction
[419A] [420] [421] [422] [423] [424] [425]
1
2
3
Total

Verification

I, ………………………………………………………………………, hereby certify that all the particulars furnished above are correct and complete.

…………………………………………..
Signature of the person responsible for deducting tax at source

………….………………………………..
Name and designation of the person responsible for deducting tax at source

Place: …………………..
Date: …………………..

Notes:

1. Write “A” if “lower deduction” or “no deduction” is on account of a certificate under section 197.

2. Write “B” if no deduction is on account of declaration under section 197A.

3. Write “C” if deduction is on higher rate on account of non-furnishing of PAN by the deductee/payee.

4. Write “Y” if no deduction is on account of payment below threshold limit specified in the Income-tax Act, 1961.

5. Write “T” if no deduction is on account of deductee/payee being transporter. PAN of deductee/payee is mandatory[section 194C(6)].

6. Write “Z” if no deduction is on account of payment being notified under section 197A(1F).

7. Write “N” if no deduction is on account of payment made to a person referred to in clause (iii) or clause (iv) of the proviso to section 194N or on account of notification issued under clause (v) of the proviso to section 194N.

8. List of section codes is as under:

Section Nature of Payment Section Code
192A Payment of accumulated balance due to an employee 192A
193 Interest on securities 193
194 dividend 194
194A Interest other than interest on securities 94A
194B Winnings from lotteries and crossword puzzles 94B
194BB Winnings from horse race 4BB
194C Payment of contractors and sub-contractors 94C
194D Insurance Commission 94D
194DA Payment in respect of life insurance policy 4DA
194EE Payments in respect of deposits under National Savings Schemes 4EE
194F Payments on account of repurchase of Units by Mutual Funds or UTIs 94F
194G Commission, prize etc., on sale of lottery tickets 94G
194H Commission or Brokerage 94H
194-I(a) Rent 4-IA
194-I (b) Rent 4-IB
194J Fees for Professional or Technical Services 94J
194LA Payment of Compensation on acquisition of certain immovable property 4LA
194LBA Certain income from units of a business trust 4BA
194LB Income in respect of units of investment fund LBB
194LBC Income in respect of investment in securitization trust LBC
194N Payment of certain amounts in cash 94N

(c) After Form No.26QC, the following Form shall be inserted, namely: –

“Form No.26QD

[See section 194M, rule 30(2C), rule 30(6C) and rule 31A (4C)]

Challan–cum–statement of deduction of tax under section 194M

Financial Year Major Head Code* Minor Head Code*
Permanent Account Number (PAN) Or Aadhaar No. of Deductor
Full Name of Deductor*
Complete Address of Deductor
PIN
Mobile No. Email ID
Permanent Account Number (PAN) Or Aadhaar Number of Deductee
Category of PAN* Status of PAN*
Full Name of Deductee
Complete Address of Deductee
PIN
Mobile No. Email ID
Nature of payment (work in pursuance of a contract/commission/brokerage or fees for professional services)
Date of Contract/Agreement** Aggregate of payments/credit during the period from 1st April to the end of the month in which the payment has been made/credited.
Is it a case of non-deduction/Lower deduction on account of certificate under section 197? (Please Tick Yes/No) Yes

No

Number of the certificate under section 197 issued by the Assessing Officer for non-deduction or lower deduction.
Amount Paid/Credited (in Rs.) Date of payment/credit** Rate at which deducted Amount of tax deducted at source Date of Deduction**
Date of Deposit** Mode of payment Simultaneous e-tax payment
e-tax payment on subsequent date
Details of Payment of Tax Deducted at Source (Amount in Rs.)
TDS (Income Tax)(Credit of tax to the deductee shall be given for this amount)
Interest
Fee
Total payment
Total payment in Words (in Rs.)
Crores Lakhs Thousands Hundreds Tens Units

* To be updated automatically

** In dd/mm/yyyy format.”.

(d) In Form No.27Q –

(i) for the brackets, words, figures and letters

“[See section 194E, 194LB, 194LBA, 194LBB, 194LBC, 194LC,195, 196A ,196B, 196C, 196D, and rule31A ]

Quarterly statement of deduction of tax under subsection (3) of section 200 of the Incometax Act in respect of payments other than salary made to nonresidents for the quarter ended …………………………… (June / September / December / March) ……………… (Financial Year)”

the following brackets, words, figures and letters

“[See section 192A,194E, 194LB, 194LBA, 194LBB, 194LBC, 194LC, 194LD, 194N, 195, 196A ,196B, 196C, 196D and rule31A]

Quarterly statement of deduction of tax under sub-section (3) of section 200 of the Income-tax Act in respect of payments other than salary made to non-residents for the quarter ended …………………………. (June/September/December/March) ……………… (Financial Year)” shall be substituted;

(ii) for the word “Deductor” wherever it occurs, the words “Deductor/Payer” shall be substituted;

(iii) for the word “Deductors” wherever it occurs, the words “Deductors/Payers” shall be substituted;

(iv) for item no. 5 and entries relating thereto, the following item and entries shall be substituted, namely:-

“5. Details of amount paid and tax deducted thereon from the deductees and amount paid without deduction (see Annexure)”

(v) for the “Annexure” the following “Annexure” shall be substituted, namely:-.

“ANNEXURE: DEDUCTEE/PAYEE WISE BREAK UP OF TDS

(Please use separate Annexure for each line-item in Table at Sl. No. 04 of main Form 27Q)

Details of amount paid/credited during the quarter ended………..(dd/mm/yyyy) and of tax deducted at source

Name of the Deductor/Payer
TAN

 

 

BSR Code of branch/Receipt Number of Form No. 24G
Date on which challan deposited/Transfer voucher date (dd/mm/yyyy)
Challan Serial Number / DDO Serial No. of Form No. 24G
Amount as per Challan
Total TDS to be allocated among deductees/payees as in the vertical total of Col. 726
Total interest to be allocated among the deductees/payees mentioned below

Sl. No. Deductee /Payees reference number provided by the deductor / payer, if available Deductee / Payee code (01- Company 02-Other than company) PAN of the deductee/ payee [see Note 6] Name of the deductee / payee Section code (See Note 5) Date of payment or credit (dd/mm/y yyy) Amount paid or credited
[714] [715] [716] [717] [718] [719] [720] [721]
1
2
3
Total

Amount of cash withdrawal in excess of Rs. 1 crore as referred to in section 194N Tax Surcharge Education Cess Total tax deducted [723+ 724 +725] Total tax deposited Date of deduct­ion (dd/mm /yyyy) Rate at which deducted
[721A] [722] [723] [724] [725] [726] [727] [728]

 

Reason for non- deducti- on/lowe r deducti- on/ grossing up/Hig- her Deduct­ion (see notes 1 to 4) Number of the certifica­te issued by the Assessi­ n g Officer for non­deduction / lower deduction Whether the rate of TDS is as per IT Act (a) DTAA(b ) Nature of Remit­ tance Unique Acknow­ledgement of the corresponding Form No. 15CA, if available
[729] [730] [731] [732] [733]

Country to Which remit­tance is made Email ID of deductee/ payee Contact number of deductee/ payee Address of deductee/ payee in country of residence Tax Identifi­cation Number/ Unique identification numberof deductee/ payee
[734] [735] [736] [737] [738]

Verification

I, ………………………………………………………………………, hereby certify that all the particulars furnished above are correct and complete

Place: ………………….. 

….…………………………….
Signature of the person responsible for deducting tax at

source

Date: …………………..

……………………………………..
Name and designation of the person responsible for

deducting tax at source

Note:

1. write “A”” if “lower deduction or “no deduction” is on account of a certificate under section 197.

2. write “C” if grossing up has been done

3. write “D” if deduction is on higher rate on account of non-furnishing of PAN by the deductee/payee.

4. write “N” if no deduction is on account of payment made to a person referred to in clause (iii) or clause (iv) of the proviso to section 194N or on account of notification issued under clause (v) of the proviso to section 194N.

5. List of section codes is as under:

Section Nature of Payment Section Code
192A Payment of accumulated balance due to an employee 192A
194E Payments to non-resident Sportsmen/Sport Associations 94E
194LB Income by way of interest from infrastructure debt fund 4LB
194LBA Certain income from units of a business trust LBA
194LBB Income in respect of units of investment fund LBB
194LBC Income in respect of investment in securitisation trust LBC
194LC Income by way of interest from Indian company 4LC
194LD Income by way of interest on certain bonds and Government securities. 4LD
194N Payment of certain amounts in cash 94N
195 Other sums payable to a non-resident 195
196A Income in respect of units of Non-Residents 96A
196B Payments in respect of Units to an Offshore 96B
196C Income from foreign Currency Bonds or shares of Indian Company payable to Non-residents 96C
196D Income of foreign institutional investors from securities 96D

6. In case of deductees covered under rule 37BC, “PAN NOT AVAILABLE” should be mentioned.

* To be updated automatically

** In dd/mm/yyyy format.”.

[Notification No. 98/2019/F. No. 370142/30/2019-TPL]
SAURABH GUPTA, Under Secy. (Tax Policy and Legislation Division)

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 was last amended vide notification number G.S.R. 836(E) dated 11/11/2019.

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