Income-tax (Fifth Amendment) Rules, 2013 on TDS for Section 194-IA

[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, the 31st May, 2013

NOTIFICATION INCOME-TAX

S.O.1404(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 (Fifth 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 30,—

• (a) after sub-rule (2), the following sub-rule shall be inserted, namely:—

  "(2A) Notwithstanding anything contained in sub-rule (1) or sub-rule (2), any sum deducted under section 194-IA shall be paid to the credit of the Central Government within a period of seven days from the end of the month in which the deduction is made and shall be accompanied by a challan-cum-statement in Form No.26QB.";

• (b) after sub-rule (6), the following sub-rule shall be inserted, namely:—

  "(6A) Where tax deducted is to be deposited accompanied by a challan-cum-statement in Form No.26QB, the amount of tax so deducted shall be deposited to the credit of the Central Government by remitting it electronically within the time specified in sub-rule (2A) into the Reserve Bank of India or the State Bank of India or any authorised bank.";

• (c) after sub-rule (7), the following sub-rules shall be inserted, namely:– "(7A) The Director General of Income-tax (Systems) shall specify the procedure, formats and standards for the purposes of remitting the amount electronically to the Reserve Bank of India or the State Bank of India or any authorised bank and shall be responsible for the day-to-day administration in relation to the remitting of the amount electronically in the manner so specified.";

3. In rule 31 of the said rules,—

• (a) after sub-rule (3), the following sub-rule shall be inserted, namely:—

  "(3A) Notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3), every person responsible for deduction of tax under section 194-IA shall furnish the certificate of deduction of tax at source in Form No.16B to the payee within fifteen days from the due date for furnishing the challan-cum-statement in Form No.26QB under rule 31A after generating and downloading the same from the web portal specified by the Director General of Income-tax (System) or the person authorised by him.";

• (b) after sub-rule (6), the following sub-rule shall be inserted, namely:— "(6A) The Director General of Income-tax (Systems) shall specify the procedure, formats and standards for the purposes of generation and download of certificates and shall be responsible for the day-to-day administration in relation to the generation and download of certificates from the web portal specified by him or the person authorised by him.";

4. In rule 31A of the said rules, after sub-rule (4), the following sub-rule shall be inserted, namely:— "(4A) Notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3) or sub- rule (4), every person responsible for deduction of tax under section 194-IA shall furnish to the Director General of Income-tax (System) or the person authorised by the Director General of Income-tax (System) a challan-cum-statement in Form No.26QB electronically in accordance with the procedures, formats and standards specified under sub-rule (5) within seven days from the end of the month in which the deduction is made.";

5. In Appendix-II of the said rules,—

• (a) after Form No.16AA, the following Form shall be inserted, namely:—

"FORM NO.16B

[See rule 31(3A)]

Certificate under section 203 of the Income-tax Act, 1961 for tax deducted at source Certificate No. Last updated on

Name and address of the Deductor (Transferee/Payer/Buyer)

Name and address of the Deductee (Transferor/Payee/Seller)

PAN of the Deductor PAN of the Deductee Financial Year of deduction

Summary of Transaction (s) S. No. Unique Acknowledgement Number Amount Paid/Credited Date of payment/credit (dd/mm/yyyy)

Amount of tax deducted and deposited in respect of the deductee

Total (Rs.)

DETAILS OF TAX DEPOSITED TO THE CREDIT OF THE CENTRAL GOVERNMENT FOR WHICH CREDIT IS TO BE GIVEN TO THE DEDUCTEE

Challan Identification number (CIN)

S. No. Amount of tax deposited in respect of deductee (Rs.)

BSR Code of the Bank Branch

Date on which tax deposited (dd/mm/yyyy)

Challan Serial Number 1.

Total (Rs.)

Verification

I,…………….., son/daughter of …………. in the capacity of ……. (designation) do hereby certify that a sum of (Rs.) ………….. [Rs. ………….(in words)] has been deducted and deposited to the credit of the Central Government. I further certify that the information given above is true, complete and correct and is based on the books of account, documents, challan-cum-statement of deduction of tax, TDS deposited and other available records.

Place

(Signature of person responsible for deduction of tax) Date

Full Name:";

"Form No. 24Q

1. (a) Tax Deduction and Collection Account Number(TAN) (d) Has the statement been filed earier for this quarter (Yes/No) (b) Permanent Account Number(PAN) [See Note 1] (e) If answer to (d) is "Yes", then Token No. of original statement (c) Financial Year (f) Type of Deductor[See Note 2]

2. Particulars of the Deductor (employer) (a) Name of the employer (b) If Central/State Government Name (See Note 3) AIN Code of PAO/TO/CDDO (c) TAN Registration No. (d) Address Flat No. Name of the premises/building Road/Street/Lane Area/Location Town/City/District State PIN Code Telephone No. Alternate telephone No. (See Note 4) Email Alternate email (See Note 4)

3. Particulars of the person responsible for deduction of tax: (a) Name (b) Address Flat No. Name of the premises/building Road/Street/Lane Area/Location Town/City/District State PIN Code Telephone No. Alternate telephone No. (See Note 4) Email Alternate email (See Note 4) Mobile No. Quarterly Statement of deduction of tax under sub‐section (3) of section 200 of the Income‐tax Act in respect of salary for the quarter ended…………………………..(June/September/December/March)……………… (Financial Year) (b) for Form No.24Q, the following Form shall be substituted, namely :— [See section 192 and rule 31A]

4. Details of tax deducted and paid to the credit of the Central Government:

5. Details of salary paid and tax deducted thereon from the employees - (i) enclose Annexure I along with each statement having details of the relevant quarter; (ii) enclose Annexure II along with the last statement, i.e., for the quarter ending 31st March having details for the whole financial year. Verification I, ………………………………………………………., hereby certify that all the particulars furnished above are correct and complete. Place: ………………………………………. Signature of the person responsible for deducting tax at source Date: ………………………………………. Name and designation of the person resposible for deducting tax at source Notes: 1. It is mandatory for non-Government deductors to quote PAN. In case of Government deductors,"PANNOTREQD" should be mentioned. 2. Please indicate Government deductor or non-Government deductor. 3. In case of Central Government, please mention name of Ministry/Department. In case of State Government, please mention name of the State. 4. In alternate telephone number and alternate email, please furnish the telephone number and email of a person who can be contacted in the absence of deductor or person responsible for deduction of tax. 5. Fee paid under section 234 E for late filling of TDS statement to be mentioned in separate column of 'Fee' (column 306) 6. In column 308, Government DDOs to mention the amount of TDS remitted by the PAO/CDDO/DTO. Other deductors to write the exact amount of TDS deposited through challan. 7. In column 309, Government deductors to write "B" where TDS is remitted to the credit of Central Government through book adjustment. Other deductors to write "C". 8. Challan / Transfer Voucher (CIN / BIN) particulars , i.e. 310, 311,312 should be exactly the same as available at Tax Information Network. 9. In column 313, mention minor head as marked on the challan.

BSR Code of branch/ Receipt Number of Form No.24G Name of the Employer Date on which challan deposited/Transfer voucher date (dd/mm/yyyy) TAN Challan Serial Number / DDO Serial No. of Form No.24G

I, ………………………………………………………………………, hereby certify that all the particulars furnished above are correct and complete. Place: ………………….. Signature of the person responsible for deducting tax at source ………………………………………………………. Date: ………………….. Name and designation of the person responsible for deducting tax at source ……………………………………………………….. 1. Write "A" if certficate has been given by the Assessing Officer for deduction of tax at lower rate under section 197. PAN of employee is mandatory in such cases. 2. Write "B" if certficate has been given by the Assessing Officer for no deduction of tax under section 197. PAN of employee is mandatory in such cases. 3. Write "C" if deduction is on higher rate on account of non‐furnishing of PAN by the deductee. 4. List of section codes is as under: Notes: Total TDS to be allocated among deductees as in the vertical total of col. 326 Total Interest to be allocated among deductees below ANNEXURE‐I ‐: DEDUCTEE WISE BREAK UP OF TDS (Please use separate Annexure for each line‐ item in the table at Sl. No. 04 of main Form 24Q) Details of salary paid and tax deducted therefrom from the employees Verification Amount as per Challan