NOTIFICATION NO. 179/2005, DATED 30-6-2005
In exercise of the powers conferred by the proviso to sub-section (1) of section 206 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby frames the following scheme for furnishing of returns of tax deducted at source in paper format, namely :-
1. Short title, commencement and application.
(1) This scheme may be called the “Scheme for Furnishing of Paper Returns of Tax Deducted at Source, 2005”.
(2) It shall come into force on the date of its publication in the Official Gazette.
(3) It shall be applicable to all persons required to furnish returns of tax deducted at source under sub-section (1) of section 206 of the Income-tax Act, 1961, other than those referred to in the proviso to sub-section (2) of that section.
In this Scheme, unless the context otherwise requires,-
(1) “Act” means the Income-tax Act, 1961 (43 of 1961);
(2) “agency” means the agency referred to in the proviso to sub-section (1) of section 206 of the Act and includes facilitation centers set up by such agency;
(3) “Board” means the Central Board of Direct Taxes constituted under the Central Board of Revenues Act, 1963 (54 of 1963);
(4) “deductor” means the person responsible for deduction of tax at source who is eligible to furnish TDS Return under this Scheme;
(5) “e-filing administrator” means the officer who is designated by the Board to act as e-filing administrator for the purposes of the Electronic Filing of Returns of Tax Deducted at Source Scheme, 2003;
(6) “rules'” means the Income-tax Rules, 1962;
(7) ‘TDS Return” means a return to be filed under sub-section (1) of section 206 of the Act;
(8) all other words and expressions used herein but not defined and defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Preparation and furnishing of TDS Return.
(1) The deductor shall use the relevant Forms prescribed under the rules for preparing the TDS Return.
(2) While preparing TDS Return, the deductor shall quote his permanent account number and tax deduction and collection account number as also the permanent account number of all persons in respect of whom the tax has been deducted by him except in respect of cases to which the second proviso to sub-section (5B) of section 139A of the Act applies.
(3) The deductor shall ensure that all columns of the Forms of the TDS Return. prescribed under the rules, are duly and correctly filled in.
(4) The TDS Return shall be furnished to the agency.
4. Procedure to be followed by the agency.
(1) The agency shall receive the TDS Return from the deduclor and check the same for the details of permanent account number and tax deduction and collection account number of the deductor, details of deposit of tax deducted at source in bank and the permanent account number of deductees.
(2) In case all the details referred to in paragraph (1) above are filled in, a receipt shall be issued to the deductor.
(3) After receiving the TDS Return, the agency shall digitise the same.
(4) After digitisation, the TDS Returns will be sent to the concerned Assessing Officer who shall maintain the TDS Returns as record.
(5) Where the details of the permanent account number of the deductees are not given in the TDS Return, the agency shall give a deficiency memo to the deductor with a request to remove the deficiencies within seven days of receipt of the same.
(6) In case there is no deficiency in the TDS Return, the digitised data shall be transmitted to the e-filing administrator.
(5) Where the deficiencies indicated in the deficiency memo are not removed by the deductor within seven days, the agency shall Hag the same in the digitised data and transmit to the e-filing administrator.