[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY,PART II,
SECTION 3, SUB-SECTION (ii)]

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

S.O. 2487(E). –In exercise of the powers conferred by section 295 read with section 197 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 (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 :

Section under which return/statement has become due
Assessment year/ quarter
Due date for filing
Reason for not filing
(1)
(2)
(3)
(4)
Section 139
Section 200
Section 206C

(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.)

Assessment year
Total income as per return of income
Total income as per latest assessment
Total tax including interest payable on returned income
Total tax including interest payable on assessed income
(1)
(2)
(3)
(4)
(5)

(vii) Details of tax payment for the last three assessment years:

Assessment year
Total payment of tax including interest
Tax paid by way of Advance tax
Credit claimed for tax deduction at source
Credit claimed for tax collection at source
(1)
(2)
(3)
(4)
(5)

(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)

Previous year
Gross sales, turnover receipt of business or profession
Gross profit
Net profit
In rupees
In percentage to amount stated in column (1)
In rupees
In percentage to amount stated in column (1)
(1)
(2)
(3)
(4)
(5)
(6)

(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.

Nature of prepaid tax
Date of payment/deduction/collection
Advance tax
TDS
TCS

(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………………
(Signature)………………….
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.

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Category : Income Tax (27211)
Type : Notifications (15772) Notifications/Circulars (31695)
Tags : Income Tax Notifications (9723) TDS (1006) TDS Provisions (17)

0 responses to “Issue nil TDS certificate to deductor & lower TDS certificate to recipient of income – CBDT Directs”

  1. Lokesh says:

    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.

  2. AJIT says:

    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.

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