INCOME-TAX (SECOND AMENDMENT) RULES, 2013 – AMENDMENT IN RULES 31A & 31AA; SUBSTITUTION OF RULES 31ACB, 37J AND FORM NOS.15G, 15H, 16, 16A, 24Q, 26Q, 27C, 27D, 27Q & 27EQ AND INSERTION OF FORM NO. 26B
NOTIFICATION NO. 11/2013[F.NO.142/31/2012-SO(TPL)]/SO 410(E), DATED 19-2-2013
In exercise of the powers conferred by 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 (2nd Amendment) Rules, 2013.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962, (hereinafter referred to as the said rules) in rule 31A,-
(a) in sub-rule (3),-
(A) in clause (i), for item (b), the following items shall be substituted, namely:-
“(b) furnishing the statement electronically under digital signature in accordance with the procedures, formats and standards specified under sub-rule (5);
(c) furnishing the statement electronically along with the verification of the statement in Form 27A or verified through an electronic process in accordance with the procedures, formats and standards specified under sub-rule (5)”;
(B) in clause (ii), for the words, brackets and letters “item (b) of clause (i)”, the words, brackets and letters “item (b) or item (c) of clause (i)” shall be substituted;
(C) in clause (iii), for the words, brackets and letters “item (b) of clause (i)”, the words, brackets and letters “item (b) or item (c) of clause (i)” shall be substituted;
(b) after sub-rule (3), the following sub-rule shall be inserted, namely:-
“(3A) A claim for refund, for sum paid to the credit of the Central Government under Chapter XVII-B, shall be furnished by the deductor in Form 26B electronically under digital signature in accordance with the procedures, formats and standards specified under sub-rule (5).”;
(c) in sub-rule (4), after clause (vii), the following clause shall be inserted, namely:-
“(viii) furnish particulars of amount paid or credited on which tax was not deducted in view of the notification issued under sub-section (1F) of section 197A.”;
(d) for sub-rule (5), the following sub-rule shall be substituted, namely:-
“(5) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the statements or claim for refund in Form 26B and shall be responsible for the day-to-day administration in relation to furnishing and verification of the statements or claim for refund in Form 26B in the manner so specified.”.
3. in rule 31AA of the said rules,-
(a) in sub-rule (3),-
(A) in clause (i), for item (b), the following items shall be substituted, namely:-
“(b) furnishing the statement electronically under digital signature in accordance with the procedures, formats and standards specified under sub-rule (5);
(c) furnishing the statement electronically along with the verification of the statement in Form 27A or verified through an electronic process in accordance with the procedures, formats and standards specified under sub-rule (5);”;
(B) in clause (ii), for the words, brackets and letters “item (b) of clause (i)” the words, brackets and letters “item (b) or item (c) of clause (i)” shall be substituted;
(C) in clause (iii), for the words, brackets and letters “item (b) of clause (i)”, the words, brackets and letters “item (b) or item (c) of clause (i)” shall be substituted;
(b) in sub-rule (4), after clause (iv), the following clause shall be inserted, namely:-
“(v) furnish particulars of amount received or debited on which tax was not collected in view of the furnishing of declaration under sub-section (1A) of section 206C by the buyer. “;
(c) for sub-rule (5), the following sub-rule shall be substituted, namely:-
“(5) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the statements and shall be responsible for the day-to-day administration in relation to furnishing and verification of the statements in the manner so specified.”.
4. For rule 31ACB of the said rules, the following rule shall be substituted, namely:-
“31ACB. Form for furnishing certificate of accountant under the first proviso to sub-section (1) of section 201.
(1) The certificate from an accountant under the first proviso to sub-section (1) of section 201 shall be furnished in Form 26A to the Director General of Income-tax (Systems) or the person authorised by the Director General of Income-tax (Systems) in accordance with the procedures, formats and standards specified under sub-rule (2), and verified in accordance with the procedures, formats and standards specified under sub-rule (2).
(2) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the Form 26A and be responsible for the day-to-day administration in relation to furnishing and verification of the Form 26A in the manner so specified.”.
5. For rule 37J of the said rules, the following rule shall be substituted, namely:-
“37J. Form for furnishing certificate of accountant under the first proviso to sub-section (6A) of section 206C.
(1) The certificate from an accountant under the first proviso to sub-section (6A) of section 206C shall be furnished in Form 27BA to the Director General of Income-tax (Systems) or the person authorised by the Director General of Income-tax (Systems) in accordance with the procedures, formats and standards specified under sub-rule (2) and verified in accordance with the procedures, formats and standards specified under sub-rule (2).
(2) The Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the Form 27BA and be responsible for the day-to-day administration in relation to furnishing and verification of the Form 27BA in the manner so specified.”