NOTIFICATION NO. 180/2005, DATED 30-6-2005
In exercise of the powers conferred by the proviso to sub-section (5A) of section 206C 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 collected 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 Collected 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 collected at source under sub-section (5A) of section 206C of the Income-tax Act, 1961, other than those referred to in the proviso to sub-section (5B) 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 (5A) of section 206C 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) “collector” means the person responsible for collection of lax at source who is eligible to furnish TCS Return under this Scheme;
(5) “e-filing administrator” means the officer who is designated by the Board to art as e-filing administrator for the purposes of the Electronic Filing of Returns of Tax Collected at Source Scheme, 2005;
(6) “rules” means the Income-tax Rules, 1962;
(7) ‘TCS Return” means a return to be filed under sub-section (5 A) of section 206C 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 TCS Return.
(1) The collector shall use the relevant Forms prescribed under the rules for preparing the TCS Return.
(2) While preparing TCS Return, the collector shall quote his permanent account number and tax deduction and collection account number as also the permanent account number of all persons from whom tax has been collected by him.
(3) The collector shall ensure that all columns of the Forms of the TCS Return, prescribed under the rules, are duly and correctly filled in.
(4) The TCS Return shall be furnished to the agency.
4. Procedure to be followed by the agency.
(1) The agency shall receive the TCS Return from the collector and check the same for the details of permanent account number and lax deduction and collection account number of the collector, details of deposit of tax collected at source in bank and the permanent account number of the persons from whom lax has been collected.
(2) In case all the details referred to in paragraph (1) above are filled in, a receipt shall be issued to the collector.
(3) After receiving the TCS Return, the agency shall digitise the same.
(4) After digitisation, the TCS Returns will be sent to the concerned Assessing Officer who shall maintain the TCS Returns as record.
(5) Where the details of the permanent account number of the persons from who lax has been collected are not given in the TCS Return, the agency shall give a deficiency memo to the collector with a request to remove the deficiencies within seven days of receipt of the same.
(6) In case there is no deficiency in the TCS Return, the digitised data shall be transmitted to the e-filing administrator.
(7) Where the deficiencies indicated in the deficiency memo are not removed by the collector within seven days, the agency shall flag the same in the digitised data and transmit to the e-filing administrator.