MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION No. 89/2015
New Delhi, Date- 2nd December, 2015
Income-tax
G.S.R. 923(E).—In exercise of the powers conferred by section 282 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 (18th Amendment) Rules, 2015.
(2) They shall come into force on the date of publication in the Official Gazette.
2. In the Income-tax Rules, 1962, after rule 126, following rule shall be inserted, namely:-
“Service of notice, summons, requisition, order and other communication.
127. (1) For the purposes of sub-section (1) of section 282, the addresses (including the address for electronic mail or electronic mail message) to which a notice or summons or requisition or order or any other communication under the Act (hereafter in this rule referred to as “communication”) may be delivered or transmitted shall be as per sub-rule (2).
(Image is not Part of Notification)
(2) The addresses referred to in sub-rule (1) shall be-
(a) for communications delivered or transmitted in the manner provided in clause (a) or clause (b) of subsection (1) of section 282-
(i) the address available in the PAN database of the addressee; or
(ii) the address available in the income-tax return to which the communication relates; or
(iii) the address available in the last income-tax return furnished by the addressee; or
(iv) in the case of addressee being a company, address of registered office as available on the website of Ministry of Corporate Affairs:
Provided that the communication shall not be delivered or transmitted to the address mentioned in item (i) to (iv) where the addressee furnishes in writing any other address for the purposes of communication to the income-tax authority or any person authorised by such authority issuing the
communication;
(b) for communications delivered or transmitted electronically-
(i) email address available in the income-tax return furnished by the addressee to which the communication relates; or
(ii) the email address available in the last income-tax return furnished by the addressee; or
(iii) in the case of addressee being a company, email address of the company as available on the website of Ministry of Corporate Affairs; or
(iv)any email address made available by the addressee to the income-tax authority or any person authorised by such income-tax authority.
(3) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) shall specify the procedure, formats and standards for ensuring secure transmission of electronic communication and shall also be responsible for formulating and implementing appropriate security, archival and retrieval policies in relation to such communication.”
[Notification No. 89/2015/ F. No. 133/79/2015-TPL]
EKTA JAIN, Dy. Secy.
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 Income-tax (17th Amendment) Rules, 2015 vide notification S. O. No. 2877(E) dated 20th October, 2015.
I absolutely agree with you sir.
Mr M Narayanan has opined with reasonable expectation from the I.T.Deptt. It is one of the best ways to avoid back dated orders etc as well as to avoid litigations arising from service of notices, orders, etc. It will be easier for a tax payer to maintain a record of the written submissions made with the authorities of the Deptt.
Fantastic foresight and observation by M. Narayanan Sir.
It clearly reflects the CBDT’s bias towards their own department (making their task easier). Instead, they should extend such services to the assesses too. Every notice should mandatory include the e-mail id of concerned department.
As far as refunds are concerned we are still in the stone age. The e-filling portal bluntly remarks ‘Please contact your jurisdictional officer’.That’s it. Why? No additional details are asked from the assessees through e-mails or web-portal. The assessee is forced to interact with the officer right from day one.
Why not CBDT issue a otification that the assessees and their duly authorised representatives are similarly entitled to file any reply, letter, petition, objection etc electronically and also notify the emailid or address of all the authorities functioning under or vested with any power or duty by the Income Tax Any immediately to show that it is really aligned to the presnt day communication methods. For this purpose the mailid specified in the iNCOME tAX RETURN OR FORM No 35,36 AND 36A etc would be binding on the tax payer, his representative and shall be binding on such authorities too.
M. Narayanan, Retired Additional Commissioner of Income Tax, Chennai