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The Central Board of Direct Taxes amends the Income-tax Rules, 1962, to revise provisions for tax deduction certificates and update Form No. 13. The rules apply to persons seeking certificates for no deduction of tax, tax deduction at a lower rate, or tax collection at a lower rate under sections 197 and 206C(9) of the Income-tax Act, 1961. The certificate for no deduction of tax remains valid only for the named person responsible for deducting the tax. The issuing authority sends this certificate directly to the person responsible for deducting the tax and gives advice to the applicant. The authority issues the certificate for tax deduction at a lower rate to the applicant.
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[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
New Delhi, the 24th September, 2014.
INCOME-TAX
S.O. 2487(E). – In exercise of the powers conferred by section 295 read with section 197 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) These rules may be called the Income-tax (9th Amendment) Rules, 2014. (2) They shall come into force on the date of their publication in the Official Gazette.
In the Income-tax Rules, 1962,—
“(4) The certificate for no deduction of tax shall be valid only with regard to the person responsible for deducting the tax and named therein.
(5) The certificate referred to in sub-rule (4) shall be issued direct to the person responsible for deducting the tax under advice to the person who made an application for issue of such certificate.
(6) The certificate for deduction of tax at lower rate shall be issued to the person who made an application for issue of such certificate, authorising him to receive income or sum after deduction of tax at lower rate.”;
2 “Form No.13 [See rules 28 and 37G] Application by a person for a certificate under sections 197 and/or 206C(9) of the Income-tax Act, 1961, for no *deduction/collection of tax or *deduction/ collection of tax at a lower rate
To
The Assessing Officer,
1.*I, ……………..of……………… do, hereby, request that a certificate may be issued to the person responsible for paying to me the incomes/sum by way of salary/interest on securities/interest other than "interest on securities"/insurance commission/commission (not being insurance commission) or brokerage/commission, etc., on the sale of lottery tickets/fees for professional or technical services/any sum by way of payment to contractors and sub- contractors/dividends/rent/income in respect of units/sum by way of payment of compensation on acquisition of immovable property (strike out whichever is not applicable) authorising him not to deduct income-tax at the time of payment to me of such income/sum. The particulars of my income and other details are as per para 2. and/or *I, …………………of …………………do, hereby, request that a certificate may be issued to me for receiving the incomes/sum by way of salary/interest on securities/interest other than "interest on securities"/insurance commission/commission (not being insurance commission) or brokerage/commission, etc., on the sale of lottery tickets/fees for professional or technical services/any sum by way of payment to contractors and sub-contractors/dividends/rent/income in respect of units/sum by way of payment of compensation on acquisition of immovable property (strike out whichever is not applicable) after deduction of income-tax at the rate of………….. per cent. The particulars of my income and other details are as per para 2.
and/or
*I, of do, hereby, request that a certificate may be issued to the seller, being the person responsible for collecting the tax from me in respect of the amount payable by me as the buyer of [specify the nature of goods referred to in the Table in sub-section (1) of section 206C]/lessee or licensee of [specify the nature of contract or licence or lease referred to in the Table in sub-section (1C) of section 206C] (Strike out whichever is not applicable) authorizing him to collect income-tax at the rate of per cent at the time of debit of such amount to my account or receipt thereof from me, as the case may be. The particulars of my income and other details are as per para 2.
(i) Status
(State whether individual, Hindu undivided family,
firm, body of individuals, Company, etc.)
(ii) Residential status
(Whether resident / resident but not ordinarily resident/
non-resident)
3
(iii) Permanent Account No. (PAN)
(iv) Tax Deduction and Collection Account No. (TAN)
(v) Details of returns/statements which have become due but have not been filed :
Section under which return/statement has become due Assessment year/ quarter Due date for filing Reason for not filing (1) (2) (3) (4) Section 139
Section 200
Section 206C
(vi) Details of returned income/ assessed income for the last three assessment years:
(enclose copies of returns of income filed alongwith their enclosures and copies of
assessment orders, if assessed, for the last three assessment years.)
Assessment year Total income as per return of income Total income as per latest assessment Total tax including interest payable on returned income Total tax including interest payable on assessed income (1) (2) (3) (4) (5)
(vii) Details of tax payment for the last three assessment years: Assessment year Total payment of tax including interest Tax paid by way of Advance tax Credit claimed for tax deduction at source Credit claimed for tax collection at source Tax paid by way of self assessment tax Tax paid in response to notice of demand under section 156 (1) (2) (3) (4) (5) (6) (7)
(viii) Details of sales, profit, etc. for the last three previous years in the case of assessee whose
income include income under the head "Profits and gains of business or profession":
(enclose copies of profit and loss account and balance sheet along with audit report, if
audited, for the last three previous years)
4 Previous year Gross sales, turnover receipt of business or profession In rupees Gross profit Net profit In percentage to amount stated in column (1) In rupees In percentage to amount stated in column (1) (1) (2) (3) (4) (5) (6)
(ix) Details of existing liability under Income-tax Act, 1961 and Wealth-tax Act, 1957: Liability under the Income-tax Act, 1961 Assessment Year/ period Amount payable in respect of advance-tax Amount payable for self- assessment tax Amount for which notice of demand under section 156 has been served but not paid Amount payable as deductor or collector which had become due but not paid Amount payable under the Wealth-tax Act, 1957 (1) (2) (3) (4) (5) (6)
(x) Assessment year to which the payments relate (xi) Estimated total income of the previous year relevant to the assessment year referred to
in(x) above (give detailed computation and basis thereof) (xii) Total tax including interest payable on the income at (xi) (xiii) How the liability mentioned in col. (ix) and col. (xii) is proposed to be discharged? (xiv) Details of payment of advance-tax and tax already deducted/collected for the
assessment year relevant to the current previous year till date. Nature of prepaid tax Date of payment/deduction/collection Advance tax
TDS
TCS
(xv) Details of income claimed to be exempt and not included in the total income in col.
(xi) (Please append a note giving reason for claiming such exemption).
(xvi) Please furnish the particulars in Annexure-I in respect of no deduction of tax under
section 197 where it is requested that certificate is to be issued under sub-rule (4) of
rule 28AA; or in Annexure –I-A in respect of deduction of tax at a lower rate under
section 197 where it is requested that the certificate is to be issued under sub-rule (6) of rule 28AAand/or in Annexure-II for collection of tax at lower rate under section 206C(9) of the Income-tax Act, as the case may be. *I, _____________ the trustee/co-trustee of ________________ do hereby declare that the securities/sums/shares, particulars of which are given in the Annexure, are properly held under trust wholly for charitable or religious purposes and that the income therefrom qualifies for exemption under sections 11 and 13 of the Income-tax Act, 1961. *I declare that the securities/sums/shares, particulars of which are given in the Schedules above, stand in my name and are beneficially owned by me, and the income therefrom is not includible in the total income of any other person under sections 60 to 64 of the Income-tax Act, 1961. I further declare that what is stated in this application is correct. Date …………..
