Income-tax (2nd Amendment) Rules, 2013

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION 3, SUB-SECTION (ii) of dated the 19th February, 2013]

GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF DIRECT TAXES)

New Delhi, the 19th February, 2013

NOTIFICATION INCOME-TAX

S.O.410 (E).— In exercise of the powers conferred by 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 (2nd Amendment) Rules, 2013. (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962, (hereinafter referred to as the said rules) in rule 31A,— (a) in sub-rule (3),— -(A) in clause (i), for item (b), the following items shall be substituted, namely:— “(b) furnishing the statement electronically under digital signature in accordance with the procedures, formats and standards specified under sub-rule (5); (c) furnishing the statement electronically along with the verification of the statement in Form 27A or verified through an electronic process in accordance with the procedures, formats and standards specified under sub-rule (5)”;

-(B) in clause (ii), for the words, brackets and letters “item (b) of clause (i)”, the words, brackets and letters “item (b) or item (c) of clause (i)” shall be substituted; -(C) in clause (iii), for the words, brackets and letters “item (b) of clause (i)”, the words, brackets and letters “item (b) or item (c) of clause (i)” shall be substituted; (b) after sub-rule (3), the following sub-rule shall be inserted, namely:— “(3A) A claim for refund, for sum paid to the credit of the Central Government under Chapter XVII-B, shall be furnished by the deductor in Form 26B electronically under digital signature in accordance with the procedures, formats and standards specified under sub-rule (5).”; (c) in sub-rule (4), after clause (vii), the following clause shall be inserted, namely:— “(viii) furnish particulars of amount paid or credited on which tax was not deducted in view of the notification issued under sub-section (1F) of section 197A.”; (d) for sub-rule (5), the following sub-rule shall be substituted, namely:— “(5) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the statements or claim for refund in Form 26B and shall be responsible for the day-to-day administration in relation to furnishing and verification of the statements or claim for refund in Form 26B in the manner so specified.”. 3. in rule 31AA of the said rules,— (a) in sub-rule (3),— -(A) in clause (i), for item (b), the following items shall be substituted, namely:—

“(b) furnishing the statement electronically under digital signature in accordance with the procedures, formats and standards specified under sub-rule (5); (c) furnishing the statement electronically along with the verification of the statement in Form 27A or verified through an electronic process in accordance with the procedures, formats and standards specified under sub-rule (5);”; -(B) in clause (ii), for the words, brackets and letters “item (b) of clause (i)” the words, brackets and letters “item (b) or item (c) of clause (i)” shall be substituted; -(C) in clause (iii), for the words, brackets and letters “item (b) of clause (i)”, the words, brackets and letters “item (b) or item (c) of clause (i)” shall be substituted; (b) in sub-rule (4), after clause (iv), the following clause shall be inserted, namely:— “(v) furnish particulars of amount received or debited on which tax was not collected in view of the furnishing of declaration under sub-section (1A) of section 206C by the buyer. ”; (c) for sub-rule (5), the following sub-rule shall be substituted, namely:— “(5) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the statements and shall be responsible for the day-to-day administration in relation to furnishing and verification of the statements in the manner so specified.”. 4. For rule 31ACB of the said rules, the following rule shall be substituted, namely:— “31ACB. Form for furnishing certificate of accountant under the first proviso to sub- section (1) of section 201.— (1) The certificate from an accountant under the first proviso to sub‐section (1) of section 201 shall be furnished in Form 26A to the Director General of Income‐ tax (Systems) or the person authorised by the Director General of Income‐tax (Systems) in accordance with the procedures, formats and standards specified under sub‐rule (2), and verified in accordance with the procedures, formats and standards specified under sub‐rule (2). (2) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the Form 26A and be responsible for the day-to-day administration in relation to furnishing and verification of the Form 26A in the manner so specified.”. 5. For rule 37J of the said rules, the following rule shall be substituted, namely:— “37J. Form for furnishing certificate of accountant under the first proviso to sub-section (6A) of section 206C.— (1) The certificate from an accountant under the first proviso to sub- section (6A) of section 206C shall be furnished in Form 27BA to the Director General of Income-tax (Systems) or the person authorised by the Director General of Income-tax (Systems) in accordance with the procedures, formats and standards specified under sub-rule (2) and verified in accordance with the procedures, formats and standards specified under sub-rule (2). (2) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the Form 27BA and be responsible for the day-to-day administration in relation to furnishing and verification of the Form 27BA in the manner so specified.”.

6. In Appendix-II of the said rules,—

(a) for Form No.15G, the following Form shall be substituted, namely:—

No. of shares Total value of shares Amount of securities Amount of
sums given on interest Rate of interest Number of units SCHEDULE‐II (Details of the securities held in the name of declarant and beneficially owned by him) Description of securities Number of securities Date(s) of securities (dd/mm/yyyy) Date(s) on which the securities were acquired by the declarant(dd/mm/yyyy) SCHEDULE‐III (Details of the sums given by the declarant on interest) Name and address of the person to whom the sums are given on interest Date on which the sums were given on interest(dd/mm/yyyy) Period for which sums were given on interest Income in respect of units SCHEDULE‐IV (Details of the mutual fund units held in the name of declarant and beneficially owned by him) SCHEDULE‐V Name and address of the mutual fund Class of units and face value of each unit Distinctive number of units The amount of withdrawal referred to in section 80CCA(2)(a) from National Savings Scheme referred to in ScheduleV Interest on securities referred to in Schedule II Income form units referred to in Schedule IV Class of shares & face value of each share Distinctive numbers of the shares Dividend from shares referred to in Schedule I 17. Present Ward/Circle 20. Present AO Code (if not same as above) 18. Residential Status ( within the meaning of Section 6 of the Income Tax Act,1961) 15. Email (Please tick the relevant box) 19. Name of Business/Occupation 16. Telephone No. (with STD Code) and Mobile No. 21. Jurisdictional Chief Commissioner of Income‐tax or Commissioner of Income‐tax (if not assessed to Income‐tax earlier) AO No. 22. Estimated total income from the sources mentioned below: Particulars of the Post Office where the account under the National Savings Scheme is maintained and the account number Date on which the account was opened(dd/mm/yyyy) The amount of withdrawal from the account 24. Details of investments in respect of which the declaration is being made: (Details of the withdrawal made from National Savings Scheme) AO No. 9. Area/Locality 8. Road/Street/Lane 11. Town/City/District 12. State 14. Last Assessment Year in which assessed "FORM NO. 15G [See section 197A(1), 197A(1A) and rule 29C] PART I 7. Assessed in which Ward/Circle Declaration under section 197A(1) and section 197A(1A) of the Income‐tax Act, 1961 to be made by an individual or a person (not being a company or firm) claiming certain receipts without deduction of tax. 6. #Status 4. Flat/Door/Block No. 5. Name of Premises 23. Estimated total income of the previous year in which income mentioned in Column 22 is to be included SCHEDULE‐I (Details of shares, which stand in the name of the declarant and beneficially owned by him) Date(s) on which the shares were acquired by the declarant(dd/mm/yyyy) 2. PAN of the Assessee 3. Assessment Year
( for which declaration is being made) 13. PIN Interest on sums referred to in Schedule III Area Code AO Type Range Code AO Type Range Code

1. Name of Assessee (Declarant)
2. AO Code(under whom assessed last time) Area Code

Place: Date: Place: Date: Notes:

1. 2.

3. i) ii)

4. **Signature of the Declarant

5. Date of declaration, distribution or payment of dividend/withdrawal under the National Savings Scheme(dd/mm/yyyy)

6. Account Number of National Saving Scheme from which withdrawal has been made

7. Date on which Declaration is Furnished (dd/mm/yyyy)

8. Period in respect of which the dividend has been declared or the income has been paid/credited

9. Amount of income paid

10. Date on which the income has been paid/ credited(dd/mm/yyyy)

11. Name of the person responsible for paying the income referred to in Column 22 of Part I

12. Complete Address ………………………………………. Declaration/Verification *I/We………………………………do hereby declare that to the best of *my/our knowledge and belief what is stated above is correct, complete and is truly stated. *I/We declare that the incomes referred to in this form are not includible in the total income of any other person u/s 60 to 64 of the Income‐tax Act, 1961. *I/We further, declare that the tax *on my/our estimated total income, including *income/incomes referred to in Column 22 above, computed in accordance with the provisions of the Income‐tax Act, 1961, for the previous year ending on .................... relevant to the assessment year ..................will be nil. *I/We also, declare that *my/our *income/incomes referred to in Column 22 for the previous year ending on .................... relevant to the assessment year .................. will not exceed the maximum amount which is not chargeable to income‐tax. Signature of the Declarant ……………………………………………….. ……………………………………………….. ………………………………………………. Signature of the person responsible for
    paying the income referred to in Column 22 of Part I ………………………………………………… …………………………………………………………….

13. Telephone No. (with STD Code) and Mobile No.

14. Status The declaration should be furnished in duplicate. Before signing the declaration/verification , the declarant should satisfy himself that the information furnished in this form is true, correct and complete in all respects. Any person making a false statement in the declaration shall be liable to prosecution under 277 of the Income‐tax Act, 1961 and on conviction be punishable‐ [For use by the person to whom the declaration is furnished] *Delete whichever is not applicable. #Declaration can be furnished by an individual under section 197A(1) and a person (other than a company or a firm) under section 197A(1A). The person responsible for paying the income referred to in column 22 of Part I shall not accept the declaration where the amount of income of the nature referred to in sub‐section (1) or sub‐section (1A) of section 197A or the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the previous year in which such income is to be included exceeds the maximum amount which is not chargeable to tax."; In a case where tax sought to be evaded exceeds twenty‐five lakh rupees, with rigorous imprisonment which shall not be less than 6 months but which may extend to seven years and with fine; In any other case, with rigorous imprisonment which shall not be less than 3 months but which may extend to two years and with fine. PART II

15. PAN of the person indicated in Column 1 of Part II

16. TAN of the person indicated in Column 1 of Part II Forwarded to the Chief Commissioner or Commissioner of Income‐tax………………………………………………………… ………………………………………………..

17. Email **Indicate the capacity in which the declaration is furnished on behalf of a HUF, AOP, etc.

18. Assessed in which Ward/Circle

No. of shares Total value of shares Amount of securities Amount of
sums given on interest Rate of interest Number of units (Details of the withdrawal made from National Savings Scheme) Range Code 8. Road/Street/Lane 13. PIN Interest on sums referred to in Schedule III 9. Area/Locality 14. Last Assessment Year in which assessed 17. Present Ward/Circle 12. State 3. Age 4. Assessment Year
(for which declaration is being made)

1. Name of Assessee (Declarant)
2. AO Code(under whom assessed last time) Area Code AO No.
3. Present AO Code (if not same as above) AO Type "FORM NO. 15H [See section 197A(1C) and rule 29C(1A)] PART‐I Declaration under section 197A(1C) of the Income‐tax Act, 1961 to be made by an individual who is of the age of sixty years or more claiming certain receipts without deduction of tax.
4. Flat/Door/Block No.
5. Name of Premises
6. PAN of the Assessee
7. Name of Business/Occupation
8. Email
9. Telephone No. (with STD Code) and Mobile No.
10. Jurisdictional Chief Commissioner of Income‐tax or Commissioner of Income‐tax(if not assessed to Income‐tax earlier)
11. Town/City/District Range Code AO No. Income from units referred to in Schedule IV AO Type Area Code
12. Estimated total income from the sources mentioned below Dividend from shares referred to in Schedule I Interest on securities referred to in Schedule II (Please tick the relevant box) SCHEDULE‐V Name and address of the person to whom the sums are given on interest SCHEDULE‐II Particulars of the Post Office where the account under the National Savings Scheme is maintained and the account number Date on which the account was opened(dd/mm/yyyy) The amount of withdrawal from the account Name and address of the mutual fund SCHEDULE‐III (Details of the sums given by the declarant on interest) SCHEDULE‐IV (Details of the mutual fund units held in the name of declarant and beneficially owned by him) The amount of withdrawal referred to in clause (a) of sub‐section 2 of section 80CCA referred to in Schedule V
13. Estimated total income of the previous year in which income mentioned in Column 21 is to be included (Details of shares, which stand in the name of the declarant and beneficially owned by him) 23.Details of investments in respect of which the declaration is being made: Number of securities Description of securities SCHEDULE‐I Date(s) of securities (dd/mm/yyyy) Date(s) on which the securities were acquired by the declarant(dd/mm/yyyy) Class of shares & face value of each share Distinctive numbers of the shares Date(s) on which the shares were acquired by the declarant(dd/mm/yyyy)

• (b) for Form No.15H, the following Form shall be substituted, namely :— Class of units and face value of each unit Distinctive number of units Income in respect of units Period for which such sums were given on interest Date on which the sums were given on interest(dd/mm/yyyy) (Details of the securities held in the name of declarant and beneficially owned by him)

Place: Date: Place: Date: Notes:

1. 2.
2. i) ii)
3. Before signing the verification , the declarant should satisfy himself that the information furnished in the declaration is true, correct and complete in all respects. Any person making a false statementin the declaration shall be liable to prosecution under 277 of the Income‐tax Act, 1961 and on conviction be punishable‐ [For use by the person to whom the declaration is furnished] *Delete whichever is not applicable. The person responsible for paying the income referred to in column 21 of Part I shall not accept the declaration where the amount of income of the nature referred to in section 197A(1C) or the aggregate of the amounts of such income credited or paid or likely to be credited or paid during the previous year in which such income is to be included exceeds the maximum amount which is not chargeable to tax and deduction(s) under Chapter VI‐A, if any, for which the declarant is eligible."; In a case where tax sought to be evaded exceeds twenty‐five lakh rupees, with rigorous imprisonment which shall not be less than 6 months but which may extend to seven years and with fine; In any other case, with rigorous imprisonment which shall not be less than 3 months but which may extend to two years and with fine. PART II
4. PAN of the person indicated in Column 1 of Part II
5. TAN of the person indicated in Column 1 of Part II Forwarded to the Chief Commissioner or Commissioner of Income‐tax………………………………………………………… ………………………………………………..
6. Email The declaration should be furnished in duplicate.
7. Telephone No. (with STD Code) and Mobile No.
8. Status Declaration/Verification Signature of the Declarant ……………………………………………….. ……………………………………………….. ………………………………………………. Signature of the person responsible for paying the income referred to in Column 21 of Part I ……………………………………………………. …………………………………………………………….
9. Complete Address I……………………………….do hereby declare that I am resident in India within the meaning of section 6 of the Income‐tax Act, 1961. I also, hereby declare that to the best of my knowledge and belief what is stated above is correct, complete and is truly stated and that the incomes referred to in this form are not includible in the total income of any other person u/s 60 to 64 of the Income‐tax Act, 1961. I further, declare that the tax on my estimated total income, including *income/incomes referred to in column 21 computed in accordance with the provisions of the Income‐tax Act, 1961, for the previous year ending on .................... relevant to the assessment year ..................will be nil. ……………………………………………………………. Signature of the Declarant
10. Date of declaration, distribution or payment of dividend/withdrawal under the National Savings Scheme(dd/mm/yyyy)
11. Account number of National Savings Scheme from which withdrawal has been made
12. Date on which declaration is furnished (dd/mm/yyyy)
13. Period in respect of which the dividend has been declared or the income has been paid/credited
14. Amount of income paid
15. Date on which the income has been paid / credited(dd/mm/yyyy)
16. Name of the person responsible for paying the income referred to in Column 21 of Part I