Income-tax
(Twelfth Amendment) Rules, 2013 - Substitution of Rule 37BB and Form Nos. 15CA
and 15CB
Notification No. 58/2013,
[F.NO.149/119/2012-SO(TPL)]/SO 2363(E), dated 05-08-2013
In exercise of
the powers conferred by sub-section (6) of section 195 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. (1) These rules
may be called the Income-tax (12th Amendment) Rules, 2013.
(2) They shall come into force on the 1st
day of October, 2013.
2. In the
Income-tax Rules, 1962 (hereafter referred to as the said rules), for rule
37BB, the following rule shall be substituted, namely:—
"37BB. Furnishing
of information by the person responsible for making payment to a non-resident,
not being a company, or to a foreign company—
(1) The person
responsible for making any payment to a non-resident, not being a company, or
to a foreign company shall furnish the following, namely:—
(i) the information
in Part A of Form No.15CA, if the amount of payment does not exceed fifty
thousand rupees and the aggregate of such payments made during the financial
year does not exceed two lakh fifty thousand rupees;
(ii) the information
in Part B of Form No.15CA , if the payment is not chargeable to tax and is of the
nature specified in column (3) of the specified list ;
(iii) the information
in Part C of Form No.15CA for payments other than the payments referred in
clause (i) and clause (ii) after obtaining—
(a) a certificate
in Form No. 15CB from an accountant as defined in the Explanation below
sub-section (2) of section 288; or
(b) a certificate
from the Assessing Officer under section 197; or
(c) an order from
the Assessing Officer under sub-section (2) or sub-section (3) of section 195.
(2) The
information in Form No. 15CA shall be furnished by the person electronically to
the website designated by the Income-tax Department and thereafter signed
printout of the said form shall be submitted to the authorised dealer, prior to
remitting the payment.
(3) An
income-tax authority may require the authorised dealer to furnish the signed
printout referred to in sub-rule (2) for the purposes of any proceedings under
the Act.
(4) The Director
General of Income-tax (Systems) shall specify the procedures, formats and standards
for ensuring secure capture, transmission of data and shall also be responsible
for the day-to-day administration in relation to furnishing the information in
the manner specified.
Explanation. - For the purposes
of this rule,—
(a) 'authorised
dealer' means a person authorised as an authorised dealer under sub-section (1)
of section 10 of the Foreign Exchange Management Act, 1999 (42 of 1999);
(b)
the specified list refers to the payments of the nature as indicated below:
.
.
.
.
.
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