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The Central Board of Direct Taxes amends the Income-tax Rules, 1962, to update provisions and Form No. 13 for tax deduction or collection at lower rates or no deduction under sections 197 and 206C. Applicants submit Form No. 13 electronically using a digital signature or an electronic verification code. The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) establishes procedures, formats, standards, and security policies for data transmission, document uploads, and certificate issuance.
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6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 25th October, 2018
G.S.R. 1068(E).—In exercise of the powers conferred by sections 197 and 206C 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:—
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 7 (6) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall lay down procedures, formats and standards for issuance of certificates under sub- rule (4) and proviso thereto and the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the issuance of said certificate.”; (III) in rule 28AB, __ (A) in sub-rule (2), __ (a) in clause (i), the word “and” shall be inserted at the end; (b) in clause (ii), the words “and” occurring at the end shall be omitted; (c) clause (iii) shall be omitted. (IV) for rule 37G, the following rule shall be substituted, namely: __ “Application for certificate for collection of tax at lower rates under sub-section (9) of section 206C 37G. (1) An application by the buyer or licensee or lessee for a certificate under sub-section (9) of section 206C shall be made in Form No. 13 electronically, - (i) under digital signature; or (ii) through electronic verification code. (2) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall lay down procedures, formats and standards for ensuring secure capture and transmission of data and uploading of documents and the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the furnishing of Form No.13” ; (V) in rule 37H, __ (a) for sub-rule (1), the following sub-rules shall be substituted, namely:- “(1) Where the Assessing Officer, on an application made by a person under sub-rule (1) of rule 37G is satisfied that existing and estimated tax liability of a person justifies the collection of tax at lower rate, the Assessing Officer shall issue a certificate in accordance with the provisions of sub-section (9) of section 206C for collection of tax at such lower rate; (1A) The existing and estimated tax liability referred to in sub-rule (1) shall be determined by the Assessing Officer after taking into consideration the following, namely: __ (i) tax payable on estimated income of the previous year relevant to the assessment year; (ii) tax payable on the assessed or returned or estimated income, as the case may be, of the last four previous years; (iii) existing liability under the Act and the Wealth-tax Act, 1957 (27 of 1957); (iv) advance tax payment, tax deducted at source and tax collected at source for the relevant assessment year relevant to the previous year till the date of making application under sub-rule (1) of rule 37G.”; (b) after sub-rule (5), the following sub-rule shall be inserted, namely : __ “(6) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall lay down procedures, formats and standards for issuance of certificate under sub-rule (5) and the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the issuance of said certificate.”; (VI) in Appendix II, for Form No.13, the following shall be substituted, namely:__
8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] “FORM No. 13 [See rules 28 and 37G] Application by a person for a certificate under section 197 and/or sub-section (9) of section 206C of the Income-tax Act, 1961, for no deduction of tax or deduction or collection of tax at a lower rate To The Assessing Officer,
I, _______________of do, hereby, request that a certificate may be issued to me for receiving the incomes/sum:- (i) after deduction of income-tax at lower rate as I do not have the details of the person making payments and their number is likely to exceed. (ii) without deduction of income-tax as this application is made for the person/entity specified in rule 28AB. The details are specified in Annexure-II. and/or I, of _______________________ do, hereby, request that a certificate may be issued to the Seller/Lessor/Licensor, authorising him to collect income- tax at lower rate at the time of debit of such amount to my account or receipt thereof from me, as the case may be. The details are specified in Annexure-III. 2. The particulars of my income and other relevant details are as under : (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 during the year which is sought)
(iii) Permanent Account No.
(iv) E-mail ID
(v) Mobile Number
(vi) Details of existing liability under the Act and the Wealth-tax Act, 1957:__
| Assessment Year | Liability under the Income-tax Act, 1961 | Amount payable under the Wealth- tax Act, 1957 | Remarks | |||
|---|---|---|---|---|---|---|
| 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 | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
