Income-tax (Seventh Amendment) Rules, 2009 -Insertion of rule 37 BA – “Furnishing of information under sub-section (6) of section 195.


New Delhi, the 25th March, 2009

S.O. 857(E) – In exercise of the powers conferred by section 295 read with sub-section (6) of section 195 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. (1) These rules may be called the Income-tax (Seventh Amendment) Rules. 2009.

(2) They shall come into force with effect from 1st July 2009.

2. In the Income-tax Rules. 1962. after rule 37BA, the following rule shall be inserted, namely:-

“Furnishing of information under sub-section (6) of section 195.

378BB. (1) The information under sub-section (6) of section 195 shall be furnished by the person responsible for making the payment to a non-resident, not being a company, or to a foreign company. after obtaining a certificate from an accountant as defined in the Explanation to section 288 of the Income-tax Act, 1961.

(2) The information to be furnished under sub-section (6) of section 195 shall be in Form No.15CA and shall be verified in the manner indicated therein and the certificate from an accountant referred to in sub-rule (1) shall be obtained in Form No. 15CB.

(3) The information in Form No. 15CA shall be furnished electronically to the website designated by the Income-tax Department and thereafter signed printout of the said form shall be submitted prior to remitting the payment.

(4) The Director-General of Income-tax (Systems) shall specify the procedures. formats and standards for ensuring secure capture, transmission of data and shall also be responsible for the day-to-day administration in relation to furnishing the information in the manner specified”

Notification No. 30/2009/F. No. 142/19/2007- TPL)

V. VIZAY BABU, Under Secy. (TPL-III)

Note.- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section (3), sub-section (ii) vide notification No.S.O.969 (E), dated the 26th March. 1962 and last amended by Income-tax (Sixth Amendment) Rules, 2009 vide notification S.O. No. 740 dated the 16th March, 2009.

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