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Furnishing of statement of income by a business trust to the prescribed authority and the unitholders
January, 22nd 2015
     [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
                                      INCOME-TAX

                                                    New Delhi, the 19thJanuary , 2015

S.O. 180 (E). ­ In exercise of the powers conferred by section 295 read with sub-
section (4) of section 115 UA 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 (1 stAmendment) Rules, 2015.
   (2) They shall come into force from the day of their publication in the ) Official
Gazette.

2.     In the Income-tax Rules, 1962, -

       (A)    afterrule12C the following rule shall be inserted,namely:-

                       "Statement under sub-section (4) of section 115UA.

                       12CA. (1)The statement of income distributed by a business
                       trust to its unit holder shall be furnishedto the Principal
                       Commissioner or the Commissioner of Income-tax within whose
                       jurisdiction the principal office of the business trust is situated,
                       by the 30th November of the financial year following the
                       previous year during which such income is distributed,:

                        Provided that the statement of income distributed shall also be
                       furnished to the unit holder by the 30th June of the financial year
                       following the previous year during which the income is
                       distributed.




                       (2) The statement of income distributed shall be furnished under
                       sub-section (4) of section 115UA by the business trust to -
                       (i) the Principal Commissioner or the Commissioner of Income-
                       tax referred to in sub-rule (1), in Form No. 64A, duly verified by
                   an accountant in the manner indicated therein and shall be
                   furnished electronically under digital signature;

                   (ii) the unit holder in Form No. 64B, duly verified by the person
                   distributing the income on behalf of the business trust in the
                   manner indicated therein.

                   (3) The Director General of Income-tax (Systems) shall specify
                   the procedure for filing of Form No. 64A and shall also be
                   responsible for evolving and implementing appropriate security,
                   archival and retrieval policies in relation to the statements so
                   furnished.";

(B)     in the Appendix II, after the Form No. 64, the following Forms shall be
        inserted, namely:--

                                 "FORMNO.64A
                                [Seerule12CA(2)(i)]
                 Statementofincomedistributed by a business trust
            tobefurnishedundersection115UAoftheIncome-taxAct,1961

1.       Nameofthebusiness trust

2.       Addressoftheregisteredoffice

3.       PermanentAccountNumber

4.       Previousyearending

5.       Nameandaddressofthetrusteesofthebusiness trust

6.       Dateofregistrationofthebusiness trust withSEBI


   (i) undertheSecuritiesandExchangeBoardofIndia(Real
Estate Investment Trusts)Regulations,2014

    (ii) undertheSecuritiesandExchangeBoardofIndia
( Infrastructure Investment Trusts)Regulations,2014

7.     Whethertheunitsofthe business trust arelistedonanyrecognisedstock
exchange at any time during previous year          Yes/No

8. Aggregate income of the Business trust from all sources
(9+11+13)

9.    Income by way of interest referred to in section 10 (23FC)

10. Proportionof(9to8)

11. . Income by way of Dividend referred to
in section 115-0
      12. Proportionof(11to8)

      13. Income other than that referred to in 9 and 11

      14. Proportionof(13to8)

      15. Detailsofpersons being unit holders ,referredtoinsub-section(1)ofsection115UA

      to whomtheincome is distributed ,inthefollowingformat:--
S.       Name(s)         Address(es)          PAN           Total        Amountof income in         Amount of income in            Amount
No.                                                     amountdistribute the nature of interest    the nature of Dividend      of other income
                                                              d          referred to in section     referred to in section
                                                                               10(23FC)                    115-O             [Column5×Sl.No.14]

                                                                          [Column5×Sl.No.10]       [Column5×Sl.No.1
                                                                                                          2]


 1          2                 3                4               5                    6                        7                       8




      Enclose a copyof the certificate of registration under theSecurities and Exchange Board ofIndia
      Act,1992, (15 of 1992).




      Enclose acopy ofthetrust deed registeredunderthe provisionsof the RegistrationAct, 1908, (16 of 1908).

      Encloseauditedaccountsincludingbalancesheet,annualreport,ifany,withcertifiedcopiesofincomeand
      appropriationtowardsdistributionofincome.


      I,-------------------------------------------------------------------------------------------------------------------------
      (Name in full and in block letters)son/daughter/wifeof -------------------------------------------------------------
      -doherebysolemnlydeclarethat
      tothebestofmyknowledgeandbeliefwhatisstatedaboveandintheAnnexure(s),includingthedocuments
      accompanyingsuchAnnexure(s), is correct and complete. Ifurther declarethat I amfurnishing such
      statement in my capacityas--------------------------
      (designation)andthatIamcompetenttofurnishthisstatementand verifyit.
      Verifiedtoday the __________________ day of __________________.

      Place
                Signature



                                               Verification
      I/We*_____________________________________________________________________haveexamin
      edthebooksofaccount andotherdocumentsshowingtheparticularsofincomeearnedandtheincomedistributed
      tothe unit holdersby the_______________________________(nameofthe Business trust) for the
      previous year ending_________.

      2.I/Wedeclare      that    theaboveparticulars                   are         true           and       correct
      tothebestofmy/ourknowledgeandbelief.


                                                                                (Signature withnameofthe Accountant)
      Place
           Date

           Notes:
           1. "Accountant" means the accountant as defined in theExplanation tosub-section(2)ofsection288of
              theIncome-tax Act, 1961.

           2. * Strike out whichever isnot applicable.".



                                                              FORMNO.64B

                                           [Seerule12CA (2)(ii)]
                          Statementofincomedistributed by a business trust
             tobe provided to the unit holderundersection115UAoftheIncome-taxAct,1961

       1. Nameoftheunit holder

       2. Address of the unit holder

       3. PermanentAccountNumber of the unit holder

       4. Previousyearending

       5. Nameandaddressofthebusiness trust

       6. Permanent Account Number of the business trust

       7. Details of the income distributed by the business trust to the unit
          holder, during the previous year,inthefollowingformat:--

 S.       Amountdistri    Date of distribution   Amountof income in the nature of Amount of income in the nature Amount
 No.      buted                                  interest referred to in section  of Dividend referred to in     of other income
                                                 10(23FC)                         section 115-O




    1             2                  3                          4                                5                         6




I, ______________________
(Name infull and in block

letters)son/daughter/wifeof                                                       doherebysolemnlydeclarethat
tothebestofmyknowledgeandbeliefwhatisstatedaboveandintheAnnexure(s),includingthedocuments
accompanyingsuchAnnexure(s), is correct and complete. Ifurther declarethat I amfurnishing such statement in my
capacityas ___________________ (designation)andthatIamcompetenttofurnishthisstatementand verifyit.
Verifiedtodaythe            day of             _.

Place " .                                                     Signature




                                      [Notification No. 03 /2015/F.No.142/10/2014-TPL]



                                                                         (Ashish Kumar)
                                                    Director (Tax Policy and Legislation)

     Note. - The principal rules were published in the Gazette of India Part II, section
3, sub-section (ii),vide notification number S.O. 969, dated the 26th March, 1962 and
were last amended by the Income-tax (14 thAmendment) Rules, videnotification S.O.
No.                 3169                (E)             dated              12/12/2014.
6

 
 
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