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Simplification of Procedure for deposit of tax and furnishing of information relating to Tax Deducted at Source (TDS) under section 194-IA (Payment on transfer of certain immovable property other than rural agricultural land) and revision of Form No.24Q
June, 06th 2013
     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)

                                                                           New Delhi, the 31st May, 2013

                                            NOTIFICATION
                                             INCOME-TAX

S.O.1404(E) .-- 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 (Fifth 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 30,­


             (a) after sub-rule (2), the following sub-rule shall be inserted, namely:--


               "(2A) Notwithstanding anything contained in sub-rule (1) or sub-rule (2), any sum
               deducted under section 194-IA shall be paid to the credit of the Central Government within
               a period of seven days from the end of the month in which the deduction is made and shall
               be accompanied by a challan-cum-statement in Form No.26QB.";


       (b)     after sub-rule (6), the following sub-rule shall be inserted, namely:--


               "(6A) Where tax deducted is to be deposited accompanied by a challan-cum-statement
               in Form No.26QB, the amount of tax so deducted shall be deposited to the credit of the
               Central Government by remitting it electronically within the time specified in sub-rule
               (2A) into the Reserve Bank of India or the State Bank of India or any authorised
               bank.";


       (c)     after sub-rule (7), the following sub-rules shall be inserted, namely:­
               "(7A) The Director General of Income-tax (Systems) shall specify the procedure,
               formats and standards for the purposes of remitting the amount electronically to the
               Reserve Bank of India or the State Bank of India or any authorised bank and shall be
               responsible for the day-to-day administration in relation to the remitting of the amount
               electronically in the manner so specified.";
   3. In rule 31 of the said rules,­


       (a) after sub-rule (3), the following sub-rule shall be inserted, namely:--


              "(3A) Notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3),
             every person responsible for deduction of tax under section 194-IA shall furnish the
             certificate of deduction of tax at source in Form No.16B to the payee within fifteen days
             from the due date for furnishing the challan-cum-statement in Form No.26QB under rule
             31A after generating and downloading the same from the web portal specified by the
             Director General of Income-tax (System) or the person authorised by him.";


       (b) after sub-rule (6), the following sub-rule shall be inserted, namely:--
             "(6A) The Director General of Income-tax (Systems) shall specify the procedure,
             formats and standards for the purposes of generation and download of certificates and
             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."; 


 4. In rule 31A of the said rules, after sub-rule (4), the following sub-rule shall be inserted,
 namely:--
         "(4A) Notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3) or sub-
         rule (4), every person responsible for deduction of tax under section 194-IA shall furnish to the
         Director General of Income-tax (System) or the person authorised by the Director General of
         Income-tax (System) a challan-cum-statement in Form No.26QB electronically in accordance
         with the procedures, formats and standards specified under sub-rule (5) within seven days
         from the end of the month in which the deduction is made.";
5. In Appendix-II of the said rules,--


       (a)     after Form No.16AA, the following Form shall be inserted, namely:--
                                                                        "FORM NO.16B 
                                                                          [See rule 31(3A)]

                                     Certificate under section 203 of the Income-tax Act, 1961 for tax deducted at source
Certificate No.                                                                   Last updated on

                      Name and address of the Deductor                                                   Name and address of the Deductee
                        (Transferee/Payer/Buyer)                                                           (Transferor/Payee/Seller)




                      PAN of the Deductor                                        PAN of the Deductee                          Financial Year of deduction




                                                                    Summary of Transaction (s)
S. No.            Unique Acknowledgement                         Amount Paid/Credited                 Date of payment/credit         Amount of tax deducted and
                          Number                                                                          (dd/mm/yyyy)                deposited in respect of the
                                                                                                                                              deductee

Total (Rs.)

    DETAILS OF TAX DEPOSITED TO THE CREDIT OF THE CENTRAL GOVERNMENT FOR WHICH CREDIT IS TO BE GIVEN TO THE
                                                    DEDUCTEE

  S. No.                                                                                         Challan Identification number (CIN)
                  Amount of tax deposited in respect of
                               deductee
                                 (Rs.)                                 BSR Code of the                  Date on which tax                    Challan  Serial
                                                                         Bank Branch                 deposited (dd/mm/yyyy)                     Number


   1.


   2.

Total (Rs.)

                                                                             Verification

 I,................., son/daughter of ............. in the capacity of ....... (designation) do hereby certify that a sum of (Rs.) .............. [Rs. .............(in
 words)] has been deducted and deposited to the credit of the Central Government. I further certify that the information given above is true, complete
 and correct and is based on the books of account, documents, challan-cum-statement of deduction of tax, TDS deposited and other available records.


 Place
                                                                                        (Signature of person responsible for deduction of tax)
 Date                                                               Full Name:";
   (b) for Form No.24Q, the following Form shall be substituted, namely :--
                                                                                                                                                                        "Form No. 24Q
                                                                                                                                                           [See section 192 and rule 31A]

                Quarterly Statement of deduction of tax under subsection (3) of section 200 of the Incometax Act in respect of salary for the quarter ended................................(June/September/December/March).................. (Financial Year)
           Tax Deduction and 
                                                                                                                                                                                  Has the statement been filed earier for 
 1.    (a) Collection Account                                                                                                                                            (d)
                                                                                                                                                                                  this quarter (Yes/No)
           Number(TAN) 


           Permanent Account 
                                                                                                                                                                                  If answer to (d) is "Yes", then Token No. 
   (b)     Number(PAN) [See                                                                                                                                              (e)
                                                                                                                                                                                  of original statement 
           Note 1]

   (c)     Financial Year                                                                                                                                                (f)      Type of Deductor[See Note 2]


2. Particulars of the Deductor (employer)
(a) Name of the employer
(b) If Central/State Government
            Name (See Note 3)
            AIN Code of PAO/TO/CDDO
(c) TAN Registration No. 
(d) Address
            Flat No.
            Name of the premises/building
            Road/Street/Lane
            Area/Location
            Town/City/District
            State
            PIN Code
            Telephone No.
            Alternate telephone No. (See Note 4)
            Email 
            Alternate email (See Note 4)
3. Particulars of the person responsible for deduction of tax:
(a) Name
(b) Address
            Flat No.
            Name of the premises/building
            Road/Street/Lane
            Area/Location
            Town/City/District
            State
            PIN Code
            Telephone No.
            Alternate telephone No. (See Note 4)
            Email 
            Alternate email (See Note 4)
            Mobile No.
4. Details of tax deducted and paid to the credit of the Central Government:

Sl. No.       Tax       Surcharge Education Interest              Fee      Penalty /    Total amount      Mode of TDS BSR code/              Challan      Date on    Minor Head
                                    Cess                         (See       Others       deposited as     deposit        Receipt              Serial       which      of Challan
                                                                Note 5)                  per challan/     through      Number of             No./DDO      amount     (See Note 9)
                                                                                             Book         Challan (C)  Form No.             Serial no.   deposited
                                                                                          Adjustment      /Book         24G (See             of Form      through
                                                                                        (302+303+304      Adjustment     Note 8)               24G        challan/
                                                                                        +305+306+30       (B)                               (See Note      Date of
                                                                                         7) (See Note     (See Note 7)                          8)        transfer
                                                                                              6)                                                          voucher
                                                                                                                                                         (See Note
  [301]       [302]         [303]            [304]      [305]    [306]       [307]            [308]             [309]           [310]          [311]          8)
                                                                                                                                                            (312)       [313]
          1
          2
          3







5. Details of salary paid and tax deducted thereon from the employees -
(i) enclose Annexure I along with each statement having details of the relevant quarter;
(ii) enclose Annexure II along with the last statement, i.e., for the quarter ending 31st March having details for the whole financial year.

         Verification
I, ................................................................, hereby certify that all the particulars furnished above are correct and complete.

Place: ..............................................                                                                       Signature of the person responsible for deducting tax at source
Date: ..............................................                                                                        Name and designation of the person resposible for deducting tax at source

Notes:

1. It is mandatory for non-Government deductors to quote PAN. In case of Government deductors,"PANNOTREQD" should be mentioned.
2. Please indicate Government deductor or non-Government deductor.
3. In case of Central Government, please mention name of Ministry/Department. In case of State Government, please mention name of the State.
4. In alternate telephone number and alternate email, please furnish the telephone number and email of a person who can be contacted in the absence of deductor or person
   responsible for deduction of tax.
5. Fee paid under section 234 E for late filling of TDS statement to be mentioned in separate column of 'Fee' (column 306)
6. In column 308, Government DDOs to mention the amount of TDS remitted by the PAO/CDDO/DTO. Other deductors to write the exact amount of TDS deposited through challan.
7. In column 309, Government deductors to write "B" where TDS is remitted to the credit of Central Government through book adjustment. Other deductors to write "C".
8. Challan / Transfer Voucher (CIN / BIN) particulars , i.e. 310, 311,312 should be exactly the same as available at Tax Information Network.
9. In column 313, mention minor head as marked on the challan.
                                                                                                                             ANNEXUREI : DEDUCTEE WISE BREAK UP OF TDS
                                                                                                     (Please use separate Annexure for each line  item in the table at Sl. No. 04 of main Form 24Q)
                                                                                                                  Details of salary paid and tax deducted therefrom from the employees

BSR Code of branch/ Receipt Number of Form No.24G                                                                                                                                                                                      Name of the Employer
Date on which challan deposited/Transfer voucher date (dd/mm/yyyy)                                                                                                                                                                     TAN
Challan Serial Number / DDO Serial No. of Form No.24G
Amount as per Challan
Total TDS to be allocated among deductees as in the vertical total of col. 326

Total Interest to be allocated among deductees below

Sl. No.       Employee            PAN of the                 Name of the  Section           Date of   Date of       Amount                    Tax               Surcharge      Education    Total TDS  Total TDS          Date of      Reason for non Number of the 
              reference           employee                   employee     Code              payment/  deduction(dd/ Paid or                                                    Cess         (Total of  deposited          deposit      deduction/ lower  certifiate u/s 197 
              number                                                      [See Note  credit(dd/m mm/yyyy)           Credited                                                                column     Rs.                (dd/mm/yyy   deduction /higher  issued by the 
              provided by                                                 4]                m/yyyy)                                                                                         322,323                       y)           deduction                 Assessing Officer 
              employer, if                                                                                                                                                                  and 324)                                   [See Notes 1, 2  for nondeduction/ 
              available                                                                                                                                                                                                                and 3 ]                   lower deduction 



   [314]            [315]                    [316]              [317]          [318]           [319]             [320]             [321]           [322]             [323]         [324]      [325]         [326]            [327]            [328]                     [329]
     1
     2
     3


   Total

                                                                                                                                                                Verification
I, ................................................................................., hereby certify that all the particulars furnished above are correct and complete. 

Place:                             .......................                                Signature of the person responsible for deducting tax at source                                                                                                   ................................................................
Date:                              .......................                                Name and designation of the person responsible for deducting tax at source                                                                                        .................................................................

Notes:
1. Write "A" if certficate has been given by the Assessing Officer for deduction of tax at lower rate under section 197. PAN of employee is mandatory in such cases.
2. Write "B" if certficate has been given by the Assessing Officer for no deduction of tax under section 197. PAN of employee is mandatory in such cases.
3. Write "C" if deduction is on higher rate on account of nonfurnishing of PAN by the deductee.
4. List of section codes is as under:
Section      Nature of Payment                                                                                   Section 
                                                                                                                 Code
192          Payment to Government employees other than Union Government employees                               92A
192          Payment to employees other than Government employees                                                92B
192          Payment to Union Government employees                                                               92C
                                                 Date:
                                                 Place:
                                                                                                                                          [330]
                                                                                                                                                  Serial Number




                                                                                                                                          [331]
                                                                                                                                                  Permanent Account Number of the employee




                                                                                                                                          [332]
                                                                                                                                                  Name of the employee




                                                 ......................................
                                                 .......................................
                                                                                                                                                  Write "S" for resident individual who is in the  age bracket of 6080 years, "O" for 




                                                                                                                                          [333]
                                                                                                                                                  resident individual whose age is 80 years or more and "G" for others  


                                                                                                                                                  Date from amd date up to employed with current employer in the current financial 




                                                                                                                                          [334]
                                                                                                                                                  year(dd/mm/yyyy)


                                                                                                                                                  Taxable Amount on which tax is deducted by the current employer




                                                                                                                                          [335]
                                                                                                                                                  Reported taxable amount on which tax is deducted by  previous employer(s)




                                                                                                                                          [336]
                                                                                                                                          [337]
                                                                                                                                                  Total amount of salary (See Note 1)  ( Total of columns 335 and 336)



                                                                                                                                          [338]
                                                                                                                                          [339]   Total deduction under section 16(ii)   



                                                                                                                                                  Total deduction under section 16(iii) 




Designation ...........................................
                                                                                                                                          [340]




                                                                                                                                                  Income chargeable under the head "Salaries" (Column 337 minus  (338 plus 339)


                                                                                                                                                  Income (Including admissible loss from house property) under any head other than the 
                                                                                                                                          [341]




                                                                                                                                                  head "Salaries" offered for TDS [section 192 (2B)]
                                                                                                                                          [342]




                                                                                                                                                  Gross total income (Total of columns 340 and 341)

                                                                                                                                                  Aggregate amount of deductions admissible under sections 80C, 80CCC and 80CCD 
                                                                                                                                          [343]
                                                                                                                                                                                                                                                                                                                                                          ANNEXURE II




                                                                                                                                                  (Total to be limited to amount specified under section 80CCE)
Name and signature of the employer/ person responsible for paying salary
.......................................................................................................................................
                                                                                                                                          [344]




                                                                                                                                                  Amount deductible under any other provision(s) of Chapter VIA
                                                                                                                                          [345]




                                                                                                                                                  Total amount deductible under Chapter VIA (Total of columns 343 and 344)
                                                                                                                                          [346]




                                                                                                                                                  Total taxable income (Column 342 minus  345)
                                                                                                                                                                                                                                           Details of salary paid/credited during the financial year...............................and  net tax payable




                                                                                                                                          [347]




                                                                                                                                                  Income tax on total income
                                                                                                                                          [348]




                                                                                                                                                  Surcharge
                                                                                                                                          [349]




                                                                                                                                                   Education cess
                                                                                                                                          [350]




                                                                                                                                                  Incometax relief under section 89, when salary, etc. is paid in arrear or advance
                                                                                                                                          [351]




                                                                                                                                                  Net tax payable (Total of columns 347, 348 and 349 minus column 350)

                                                                                                                                                  Total Amount of tax deducted at source by the current employer for the whole year 
                                                                                                                                                  [aggregate of the amount in columns 325 of Annexure I for all the four quarters in 
                                                                                                                                          [352]




                                                                                                                                                  respect of each employee]

                                                                                                                                                  Reported  amount of tax deducted at source by previous employer(s)/deductor(s) 
                                                                                                                                          [353]




                                                                                                                                                  (income in respect of which included in computing total taxable income in column 346)

                                                                                                                                                    Total amount of tax deducted at source for the whole year (Total of columns 352 and 
                                                                                                                                          [354]




                                                                                                                                                  353)
                                                                                                                                          [355]




                                                                                                                                                  Shortfall in tax deduction (+)/Excess tax deduction () [Column 351 minus  354]

                                                                                                                                                  Whether tax deducted at higher rate due to non furnishing of PAN by deductee 
                                                                                                                                          [356]




                                                                                                                                                  (Yes/No) 
Notes :



   1. Salary  includes  wages,  annuity,  pension,  gratuity  [other  than  exempted  under  section  10  (10)],  fees, 
      commission,  bonus,  repayment  of  amount  deposited  under  the  Additional  Emoluments  (Compulsory 
      Deposit)  Act,  1974,  perquisites,  profits  in  lieu  of  or  in  addition  to  any  salary  or  wages  including  payments 
      made  at  or  in  connection  with  termination  of  employment,  advance  of  salary,  any  payment  received  in 
      respect  of  any  period  of  leave  not  availed  [other  than  exempted  under  section  10  (10AA)],  any  annual 
      accretion  to  the  balance  of  the  account  in  a  recognised  provident  fund  chargeable  to  tax  in  accordance 
      with rule 6 of Part A of the Fourth Schedule of the Incometax Act, 1961, any sums deemed to be income 
      received  by  the  employee  in  accordance  with  subrule  (4)  of  rule  11  of  Part  A  of  the  Fourth  Schedule  of 
      the  Incometax  Act,  1961,  any  contribution  made  by  the  Central  Government  to  the  account  of  the 
      employee under a pension scheme referred to in section 80CCD or any other sums chargeable to income
      tax under the head 'Salaries'. 


   2. Where  an  employer  deducts  from  the  emoluments  paid  to  an  employee  or  pays  on  his  behalf  any 
      contributions  of  that  employee  to  any  approved  superannuation  fund,  all  such  deductions  or  payments 
      should be included in the statement. "; 
(c) after Form No.26QAA, the following Form shall be inserted, namely:--
                                                           "Form No.26QB
                                             [ See section 194-IA, rule 30 and rule 31A]
                                  Challan ­cum ­ statement of deduction of tax under section 194-IA
 Financial Year                   -         Major Head Code*                                  Minor Head Code*
 Permanent Account Number (PAN) of Transferee/ Payer/ Buyer
Category of PAN*                                                     Status of PAN*
Full Name of Transferee/ Payer/ Buyer*

Complete Address of Transferee/Payer/Buyer


                                                                                                            PIN
Mobile No.                                           Email ID
Whether more than one transferee/payer/buyer (Yes/No)
Permanent Account Number (PAN) of Transferor/ Payee/ Seller

Category of PAN*                                                     Status of PAN*

Full Name of Transferor/ Payee/ Seller

Complete Address of Transferor/Payee/Seller


                                                                                                                PIN
Mobile No.                                                      Email ID
Whether more than one transferor/payee/seller (Yes/No)
Complete Address of Property transferred



                                                                                                                  PIN
Date of Agreement
                                                Total Value of Consideration                  Payment in installment or
/Booking**
                                                (Amount in Rs.)                               lump-sum
                                      Date of                   Rate at which         Amount of tax
  Amount Paid/Credited (in Rs.)                                                                                 Date of Deduction**
                                      payment/credit**            deducted          deducted at source


Date of Deposit**                                                        Mode of payment           Simultaneous e-tax payment
                                                                                                   e-tax payment on subsequent date
Details of Payment of Tax Deducted at Source (Amount in Rs.)
TDS (Income Tax)(Credit of tax to the deductee shall be given for this amount)
Interest
Fee
Total payment
                                                  Total Payment in Words (in Rs.)
             Crores                  Lakhs               Thousands              Hundreds                 Tens                Units

           Unique Acknowledgement no. (generated by TIN)
 * To be updated automatically
 ** In dd/mm/yyyy format.".


                                                            [Notification No. 39/2013, F.No.133/23/2013-SO(TPL)(Pt.)]
                                                                            RAJESH KUMAR BHOOT
                                                                                DIRECTOR (TPL-III)



Note: The principal rules were published in the Gazette of India vide notification number S.O. 969(E), dated
the 26 March, 1962 and last amended vide notification number S.O. 1393(E), dated the 30th May, 2013.
      th
 
 
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