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Income-tax (8th Amendment) Rules, 2018
July, 25th 2018
                                            MINISTRY OF FINANCE
                                                (Department of Revenue)
                                       (CENTRAL BOARD OF DIRECT TAXES)
                                                    NOTIFICATION
                                              New Delhi, the 20th July, 2018
         G.S.R. 666(E). ­ In exercise of the powers conferred by section 44AB read with section 295 of the Income-tax
Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act), 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 Income­tax (8th Amendment) Rules, 2018.
              (2) They shall come into force from the 20th day of August, 2018.
           2. In the Income-tax Rules, 1962, in Appendix II, in Form No. 3CD,-
           (i) in serial number 4,-
                 (a) after the words "sales tax,", the words "goods and services tax," shall be inserted;
                 (b) after the words "registration number or", the words "GST number or" shall be inserted;
           (ii) in serial number 19, in the table, after the row with entry "32AC", the row with entry "32AD" shall be
     inserted;
           (iii) in serial number 24, after the words "32AC or", the words "32AD or" shall be inserted;
           (iv) in serial number 26, for the words "or (f)", the words ", (f) or (g)" shall be substituted;
           (v) after serial number 29 and the entries relating thereto, the following shall be inserted, namely:-
                 "29A. (a) Whether any amount is to be included as income chargeable under the head `income from
           other sources' as referred to in clause (ix) of sub-section (2) of section 56? (Yes/No)
           (b) If yes, please furnish the following details:
           (i) Nature of income:






6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II--SEC. 3(i)] (ii) Amount thereof: 29B. (a) Whether any amount is to be included as income chargeable under the head `income from other sources' as referred to in clause (x) of sub-section (2) of section 56? (Yes/No) (b) If yes, please furnish the following details: (i) Nature of income: (ii) Amount (in Rs.) thereof:"; (vi) after serial number 30 and the entries relating thereto, the following shall be inserted, namely:- "30A. (a) Whether primary adjustment to transfer price, as referred to in sub-section (1) of section 92CE, has been made during the previous year? (Yes/No) (b) If yes, please furnish the following details:- (i) Under which clause of sub-section (1) of section 92CE primary adjustment is made? (ii) Amount (in Rs.) of primary adjustment: (iii) Whether the excess money available with the associated enterprise is required to be repatriated to India as per the provisions of sub-section (2) of section 92CE? (Yes/No) (iv) If yes, whether the excess money has been repatriated within the prescribed time (Yes/No) (v) If no, the amount (in Rs.) of imputed interest income on such excess money which has not been repatriated within the prescribed time: 30B. (a) Whether the assessee has incurred expenditure during the previous year by way of interest or of similar nature exceeding one crore rupees as referred to in sub-section (1) of section 94B? (Yes/No) (b) If yes, please furnish the following details:- (i) Amount (in Rs.) of expenditure by way of interest or of similar nature incurred: (ii) Earnings before interest, tax, depreciation and amortization (EBITDA) during the previous year (in Rs.): (iii) Amount (in Rs.) of expenditure by way of interest or of similar nature as per (i) above which exceeds 30% of EBITDA as per (ii) above: (iv) Details of interest expenditure brought forward as per sub-section (4) of section 94B: A.Y. Amount (in Rs.) (v) Details of interest expenditure carried forward as per sub-section (4) of section 94B: A.Y. Amount (in Rs.) 30C. (a) Whether the assessee has entered into an impermissible avoidance arrangement, as referred to in section 96, during the previous year? (Yes/No) (b) If yes, please specify:- (i) Nature of the impermissible avoidance arrangement: (ii) Amount (in Rs.) of tax benefit in the previous year arising, in aggregate, to all the parties to the arrangement:"; (vii) in serial number 31,- (A) after clause (b), the following clauses and entries relating thereto shall be inserted, namely:- "(ba) Particulars of each receipt in an amount exceeding the limit specified in section 269ST, in aggregate from a person in a day or in respect of a single transaction or in respect of transactions relating to one event or ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 7 occasion from a person, during the previous year, where such receipt is otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account:- (i) Name, address and Permanent Account Number (if available with the assessee) of the payer; (ii) Nature of transaction; (iii) Amount of receipt (in Rs.); (iv) Date of receipt; (bb) Particulars of each receipt in an amount exceeding the limit specified in section 269ST, in aggregate from a person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion from a person, received by a cheque or bank draft, not being an account payee cheque or an account payee bank draft, during the previous year:-- (i) Name, address and Permanent Account Number (if available with the assessee) of the payer; (ii) Amount of receipt (in Rs.); (bc) Particulars of each payment made in an amount exceeding the limit specified in section 269ST, in aggregate to a person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion to a person, otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account during the previous year:- (i) Name, address and Permanent Account Number (if available with the assessee) of the payee; (ii) Nature of transaction; (iii) Amount of payment (in Rs.); (iv) Date of payment; (bd) Particulars of each payment in an amount exceeding the limit specified in section 269ST, in aggregate to a person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion to a person, made by a cheque or bank draft, not being an account payee cheque or an account payee bank draft, during the previous year:-- (i) Name, address and Permanent Account Number (if available with the assessee) of the payee; (ii) Amount of payment (in Rs.); (Particulars at (ba), (bb), (bc) and (bd) need not be given in the case of receipt by or payment to a Government company, a banking Company, a post office savings bank, a cooperative bank or in the case of transactions referred to in section 269SS or in the case of persons referred to in Notification No. S.O. 2065(E) dated 3rd July, 2017)"; (B) in item (c), in sub-item (v), for the words "taken or accepted", the word "repaid" shall be substituted; (C) in item (d), in sub-item (ii), after the words "amount of", the words "repayment of" shall be inserted; (D) in item (e), in sub-item (ii), after the words, "amount of", the words "repayment of" shall be inserted; (viii) in serial number 34, for item (b), the following item shall be substituted, namely:- "(b) whether the assessee is required to furnish the statement of tax deducted or tax collected. If yes, please furnish the details: Tax deduction Type of Due date for Date of furnishing, Whether the statement of tax deducted or and collection Form furnishing if furnished collected contains information about all Account details/transactions which are required to Number (TAN) be reported. If not, please furnish list of details/transactions which are not reported."; (ix) after serial number 36 and the entries relating thereto, the following shall be inserted, namely:- "36A. (a) Whether the assessee has received any amount in the nature of dividend as referred to in sub-clause (e) of clause (22) of section 2? (Yes/No) 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II--SEC. 3(i)] (b) If yes, please furnish the following details:- (i) Amount received (in Rs.): (ii) Date of receipt:"; (x) after serial number 41 and the entries relating thereto, the following shall be inserted, namely:- "42. (a) Whether the assessee is required to furnish statement in Form No.61 or Form No. 61A or Form No. 61B? (Yes/No) (b) If yes, please furnish: Income-tax Type of Form Due date for Date of Whether the Form contains Department furnishing furnishing, if information about all details/ Reporting Entity furnished transactions which are Identification required to be reported. If not, Number please furnish list of the details/transactions which are not reported. 43. (a) Whether the assessee or its parent entity or alternate reporting entity is liable to furnish the report as referred to in sub-section (2) of section 286 (Yes/No) (b) if yes, please furnish the following details: (i) Whether report has been furnished by the assessee or its parent entity or an alternate reporting entity (ii) Name of parent entity (iii) Name of alternate reporting entity (if applicable) (iv) Date of furnishing of report 44. Break-up of total expenditure of entities registered or not registered under the GST: Sl. Total amount of Expenditure in respect of entities registered under GST Expenditure relating No. Expenditure to entities not incurred during registered under GST the year Relating to Relating to Relating to Total payment goods or entities falling other to registered services under registered entities exempt composition entities from GST scheme (1) (2) (3) (4) (5) (6) (7)" [Notification No. 33/2018/F.No. 370142/9/2018-TPL] PITAMBAR DAS, Director (Tax Policy and Legislation) Note: The Principal Rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide notification number S.O. 969(E) dated the 26th of March, 1962 and were last amended vide notification number G.S.R 647 (E) dated 13.07.2018. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.
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