[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) NOTIFICATION INCOME-TAX New Delhi, the 19thJanuary , 2015 S.O. 180 (E). – In exercise of the powers conferred by section 295 read…
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Open source page[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) NOTIFICATION INCOME-TAX New Delhi, the 19thJanuary , 2015 S.O. 180 (E). – In exercise of the powers conferred by section 295 read with sub- section (4) of section 115 UA 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 (1 stAmendment) Rules, 2015. (2) They shall come into force from the day of their publication in the ) Official Gazette. 2. In the Income-tax Rules, 1962, - (A) afterrule12C the following rule shall be inserted,namely:- “Statement under sub-section (4) of section 115UA. 12CA. (1)The statement of income distributed by a business trust to its unit holder shall be furnishedto the Principal Commissioner or the Commissioner of Income-tax within whose jurisdiction the principal office of the business trust is situated, by the 30th November of the financial year following the previous year during which such income is distributed,: Provided that the statement of income distributed shall also be furnished to the unit holder by the 30th June of the financial year following the previous year during which the income is distributed. (2) The statement of income distributed shall be furnished under sub-section (4) of section 115UA by the business trust to - (i) the Principal Commissioner or the Commissioner of Income- tax referred to in sub-rule (1), in Form No. 64A, duly verified by an accountant in the manner indicated therein and shall be furnished electronically under digital signature; (ii) the unit holder in Form No. 64B, duly verified by the person distributing the income on behalf of the business trust in the manner indicated therein. (3) The Director General of Income-tax (Systems) shall specify the procedure for filing of Form No. 64A and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the statements so furnished.”; (B) in the Appendix II, after the Form No. 64, the following Forms shall be inserted, namely:-- “FORMNO.64A [Seerule12CA(2)(i)] Statementofincomedistributed by a business trust tobefurnishedundersection115UAoftheIncome-taxAct,1961 1. Nameofthebusiness trust 2. Addressoftheregisteredoffice 3. PermanentAccountNumber 4. Previousyearending 5. Nameandaddressofthetrusteesofthebusiness trust 6. Dateofregistrationofthebusiness trust withSEBI (i) undertheSecuritiesandExchangeBoardofIndia(Real Estate Investment Trusts)Regulations,2014 (ii) undertheSecuritiesandExchangeBoardofIndia ( Infrastructure Investment Trusts)Regulations,2014 7. Whethertheunitsofthe business trust arelistedonanyrecognisedstock exchange at any time during previous year Yes/No 8. Aggregate income of the Business trust from all sources (9+11+13) 9. Income by way of interest referred to in section 10 (23FC) 10. Proportionof(9to8) 11. . Income by way of Dividend referred to in section 115-0 12. Proportionof(11to8) 13. Income other than that referred to in 9 and 11 14. Proportionof(13to8) 15. Detailsofpersons being unit holders ,referredtoinsub-section(1)ofsection115UA to whomtheincome is distributed ,inthefollowingformat:— S. No. Name(s) Address(es) PAN Total amountdistribute d Amountof income in the nature of interest referred to in section 10(23FC) [Column5×Sl.No.10] Amount of income in the nature of Dividend referred to in section 115-O [Column5×Sl.No.1 2] Amount of other income [Column5×Sl.No.14] 1 2 3 4 5 6 7 8 Enclose a copyof the certificate of registration under theSecurities and Exchange Board ofIndia Act,1992, (15 of 1992). Enclose acopy ofthetrust deed registeredunderthe provisionsof the RegistrationAct, 1908, (16 of 1908). Encloseauditedaccountsincludingbalancesheet,annualreport,ifany,withcertifiedcopiesofincomeand appropriationtowardsdistributionofincome. I,------------------------------------------------------------------------------------------------------------------------- (Name in full and in block letters)son/daughter/wifeof ------------------------------------------------------------- -doherebysolemnlydeclarethat tothebestofmyknowledgeandbeliefwhatisstatedaboveandintheAnnexure(s),includingthedocuments accompanyingsuchAnnexure(s), is correct and complete. Ifurther declarethat I amfurnishing such statement in my capacityas-------------------------- (designation)andthatIamcompetenttofurnishthisstatementand verifyit. Verifiedtoday the __________________ day of __________________. Place Signature Verification I/We*_____________________________________________________________________haveexamin edthebooksofaccount andotherdocumentsshowingtheparticularsofincomeearnedandtheincomedistributed tothe unit holdersby the_______________________________(nameofthe Business trust) for the previous year ending_________. 2.I/Wedeclare that theaboveparticulars are true and correct tothebestofmy/ourknowledgeandbelief. (Signature withnameofthe Accountant) Place Date Notes: 1. “Accountant” means the accountant as defined in theExplanation tosub-section(2)ofsection288of theIncome-tax Act, 1961. 2. * Strike out whichever isnot applicable.”. FORMNO.64B [Seerule12CA (2)(ii)] Statementofincomedistributed by a business trust tobe provided to the unit holderundersection115UAoftheIncome-taxAct,1961 1. Nameoftheunit holder 2. Address of the unit holder 3. PermanentAccountNumber of the unit holder 4. Previousyearending 5. Nameandaddressofthebusiness trust 6. Permanent Account Number of the business trust 7. Details of the income distributed by the business trust to the unit holder, during the previous year,inthefollowingformat:— S. No. Amountdistri buted Date of distribution Amountof income in the nature of interest referred to in section 10(23FC) Amount of income in the nature of Dividend referred to in section 115-O Amount of other income 1 2 3 4 5 6 I, ______________________ (Name infull and in block letters)son/daughter/wifeof doherebysolemnlydeclarethat tothebestofmyknowledgeandbeliefwhatisstatedaboveandintheAnnexure(s),includingthedocuments accompanyingsuchAnnexure(s), is correct and complete. Ifurther declarethat I amfurnishing such statement in my capacityas ___________________ (designation)andthatIamcompetenttofurnishthisstatementand verifyit. Verifiedtodaythe day of _. Place " . Signature [Notification No. 03 /2015/F.No.142/10/2014-TPL] (Ashish Kumar) Director (Tax Policy and Legislation) Note. - The principal rules were published in the Gazette of India Part II, section 3, sub-section (ii),vide notification number S.O. 969, dated the 26th March, 1962 and were last amended by the Income-tax (14 thAmendment) Rules, videnotification S.O. No. 3169 (E) dated 12/12/2014. 6
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