CBDT notification · 28 Jul 2020
MINISTRY OF FINANCE (Department of Revenue) [CENTRAL BOARD OF DIRECT TAXES] NOTIFICATION New Delhi, the 28th July, 2020 INCOME-TAX G.S.R. 469(E).—In exercise of the powers conferred by sub-section (7) of section 115UB read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes here…
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Open source pageMINISTRY OF FINANCE (Department of Revenue) [CENTRAL BOARD OF DIRECT TAXES] NOTIFICATION New Delhi, the 28th July, 2020 INCOME-TAX G.S.R. 469(E).—In exercise of the powers conferred by sub-section (7) of section 115UB read with 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. Short title and commencement.—(1) These rules may be called the Income-tax (18th Amendment) Rules, 2020. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Income-tax Rules, 1962,- (a) for rule 12CB, the following rule shall be substituted, namely:- “12CB. Statement under sub-section (7) of section 115UB.—(1) The statement of income paid or credited by an investment fund to its unit holder shall be furnished by the person responsible for crediting or making payment of the income on behalf of an investment fund and the investment fund to the- (i) unit holder by 30th day of June of the financial year following the previous year during which the income is paid or credited in Form No. 64C after generating and downloading the same from the web portal specified by the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) or the person authorised by him and duly verified by the person paying or crediting the income on behalf of the investment fund in the manner indicated therein; and (ii) Principal Commissioner or the Commissioner of Income-tax, as the case may be, within whose jurisdiction the Principal office of the investment fund is situated by 15th day of June of the financial year following the previous year during which the income is paid or credited, electronically under digital signature, in Form No. 64D duly verified by an accountant in the manner indicated therein. (2) The Principal Director General of Income-tax (Systems) or the Director General of Income- tax (Systems), as the case may be, shall specify the,- 10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] (i) procedure for filing of Form No. 64D and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the statements of income paid or credited so furnished under this rule; and (ii) procedure, formats and standards for generation and download of statement in Form No. 64C from the web portal specified by him or by the person authorised by him and he 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.” (b) in Appendix-II, for Form No. 64C and 64D, the following Forms shall be substituted, namely: - “FORM NO. 64C [See clause (i) of sub-rule (1) of rule 12CB )] Statement of income distributed by an investment fund to be provided to the unit holder under section 115UB of the Income-tax Act, 1961 1. Name of the unit holder: 2. Address of the unit holder: 3. Permanent Account Number/AADHAAR of the unit holder: 4. Previous year ending: 5. Name and address of the Investment Fund: 6. Permanent Account Number of the Investment Fund: 7. Details of the income or loss [after ignoring the loss under clause (ii) of sub-section (2) of section 115UB] paid or credited by the Investment Fund to the unit holder during the previous year: (In Rs) S. No. Amount paid or credited Date of payment or credit Breakup of Amount paid/ credited under Heads of Income ‘Business or Profession’ ‘Long Term Capital Gain’ ‘Short Term Capital Gain’ ‘Other Sources’ Chargeable @10% u/s 112A Chargeable @10% (other than section 112A) Chargeab le @20% Chargeable @15% 111A Chargeable @30% Chargeable at applicable rate ‘Dividend’ [referred to in Section 115O]* Others (Please specify section if taxed at special rate) Income Income/ Loss Income/ Loss Income/ Loss Income/ Loss Income Income/ Loss (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) *‘[referred to in Section 115O]’ shall be omitted with effect from the Assessment year 2021-22. 8. Details of deemed loss as on 31st March, 2019 in terms of sub-section (2A) of section 115UB (to be passed to the unit holder holding unit on 31st March, 2019): (In Rs) S. No. Assessment year Breakup of deemed loss under Heads of Income ‘Long Term Capital Loss’ ‘Short Term Capital Loss’ (1) (2) (3) (4) I, ___________________________________________________________ (Name in full and in block letters) son/ daughter/ wife of ______________________________________________do hereby solemnly declare that to the best of my knowledge and belief what is stated above and in the Annexure(s), including the documents accompanying such Annexure(s), is correct and complete. I further declare that I am furnishing such statement in my capacity as ____________________ (designation) and that I am competent to furnish this statement and verify it. Verified today the ____________________ day of ___________ Place ___________ Signature ____________________ [भाग II—खण् ड 3(i)] भारत का राजपत्र : असाधारण 11 FORM NO. 64D [See clause (ii) of sub-rule (1) of rule 12CB ] Statement of income paid or credited by investment fund to be furnished under section 115UB of the Income- tax Act, 1961 1. Name of the Investment Fund: 2. Address of the registered office: 3. Legal status [company/ trust/ limited liability partnership/ body corporate: 4. Permanent Account Number: 5. Previous year ending: 6. Name and address of the Directors/ Trustees/ Partners of the Investment fund*: S. No Name Address PAN/ AADHAAR (1) (2) (3) (4) 7. (i) Whether registered as Alternative Investment Fund with Securities and Exchange Board of India under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012: Yes/No* (ii) If yes, furnish following details: (d) Whether registered as Category I/ II (e) Registration number (f) Date of registration : Yes/No* : : 8. (a) Total income of Investment Fund during the previous year: …………………………….. (b) Break-up of total income [aggregate of amounts under column (7) of the following table for each head]: S. No. Under the head Income/ Loss Loss to be set off in accordance with sub- section (2) of section 115UB Net Income/ loss after set-off of losses in terms of sub- section (2) of section 115UB [(5) minus (6)] Amount from Off-shore investment out of the investment of non- resident unit holder Net [(2) minus (3)] (1) (2) (3) (4) (5) (6) (7) 1. Profit and gains of business or profession 2. Long Term Capital Gains [Chargeable @10% u/s 112A/ @10% (other than section 112A)/ at @20%] 3. Short Term Capital Gains [Chargeable @15% u/s 111A/ @30%/ at applicable rate] 4. Income from other sources (Dividend/ Others) (Please specify section if taxed at special rate) 12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 9. (i) Details of losses of the previous year, if any; required to be ignored for purposes of sub-section (1) of section 115UB in accordance with,- (a) sub-clause (b) of clause (i) of sub-section (2) of section 115UB: S. No. Head of Income Amount of loss (1) (2) (3) Profit and gains of business or profession (b) clause (ii) of sub-section (2) of section 115UB: S. No. Head of Income Amount of loss (1) (2) (3)