MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 8th June, 2021
(INCOME-TAX)
G.S.R. 395(E).— In exercise of the powers conferred by sections 194,194A,194Q, 196D, 206AB and 206CCAread 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. Short title and commencement. –– (1) These rules may be called the Income-tax (17th Amendment) Rules, 2021.
(2) Save as otherwise provided in these rules, they shall come into force from the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962 (hereinafter referred to as the principal rules), in rule 31A, in sub-rule (4) ––
(a) for clause ‘(x)’ the following clause shall be substituted namely: -
‘(x) furnish particulars of amount paid or credited on which tax was not deducted or deducted at lower rate in view of the notification issued under sub-section (5) of section 194A or in view of exemption provided under clause (x) of sub-section (3) of section 194A.’;
(b) after clause (xiii), the following clauses shall be inserted namely: -
“(xiv) furnish particulars of amount paid or credited on which tax was not deducted in view of clause (d) of the second proviso to section 194 or in view of the notification issued under clause (e) of the second proviso to section 194;
(xv) furnish particular of amount paid or credited on which tax was not deducted in view of proviso to sub- section (1A) or in view of sub-section (2) of section 196D.;
(xvi) furnish particulars of amount paid or credited on which tax was not deducted in view of sub-section (5) of section 194Q with effect from 1st day of July,2021.”.
3. In the principal rules, in Appendix II, in form 26A, in Annexure A, in clause (ii), the words “, who is a
resident,” shall be omitted.
4. In the principal rules, in Appendix II, in form 26Q ––
(a) for the brackets, words, figures and letters “[See sections 192A, 193, 194, 194A, 194B, 194BB, 194C, 194D, 194DA, 194EE, 194F, 194G, 194H, 194-I, 194J, 194K, 194LA, 194LBA, 194LBB, 194LBC, 194N, 194-O, 197A and rule 31A]” the following brackets, words, figures and letters, shall be substituted namely: -
“[See sections 192A, 193, 194, 194A, 194B, 194BB, 194C, 194D, 194DA, 194EE, 194F, 194G, 194H, 194-I, 194J, 194K, 194LA, 194LBA, 194LBB, 194LBC, 194N, 194-O, 194Q, 197A, 206AA, 206AB and rule 31A]”;
(b) for the “Annexure”, the following “Annexure” shall be substituted, namely: - 10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
“ANNEXURE: DEDUCTEE/PAYEE WISE BREAK UP OF TDS (Please use separate Annexure for each line-item in Table at Sl. No. 4 of main Form 26Q) Details of amount paid/credited during thequarterended… (dd/mm/yyyy) and of tax deducted atsource
BSR Code of branch/Receipt Number of Form No. 24G Name of the Date on which challan deposited/Transfer voucher date (dd/mm/yyyy) Deductor/Payer Challan Serial Number / DDO Serial No. of Form No. 24G Amount as per Challan TAN Total tax to be allocated among deductees/payees as in the vertical total of Col. 421 Total interest to be allocated among the deductees/payees mentioned below
Sl. Deductee Deduct PAN of Name Section Date Amou Amount of Amount of cash Amount of Total Total Date of Rate at Reason Number of No. /payee code of nt paid tax tax deductio which for non- the ee/ the of the (See payme or cash withdrawalwhic cash deduct deposit n deduct deduction certificate reference Note nt or credite ed ed (dd/mm/ ed / under number payee deductee deduct 16) credit d withdrawal h is in excess of withdrawal in section 197 provided [420] yyyy) lower issued by by the code / payee ee/ (dd/m [419] in excess of Rs. 20lakh but excess of Rs. deduction/ the deductor/ m/ [421] [422] Higher Assessing payer, if (01- payee yyyy) Rs. 1 crore does not exceed 1 crore for Deduction/ Officer for available Threshold/ non- Comp [417] [418] as referred Rs 1 crore for cases covered Transporter deducti etc. (See on/ any to in section cases covered by sub-clause notes 1 to 15) lower deducti 02- 194N by sub-clause (b) of clause on
Other (in cases not (a) of clause (ii) (ii) of first [425]
than covered by of first proviso proviso to
comp the first to section 194N section 194N
any) proviso to
section
194N)
[412] [413] [414] [415] [416] [419A] [419B] [419C] [423] [424] 1
2
3
Total Verification
I, ........................................................................... , hereby certify that all the particulars furnished above are correct andcomplete. [भाग II—खण्ड 3(i)] भारतकाराजपत्र:असाधारण 11
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 “lower deduction” or “no deduction” is on account of a certificate under section197.
2. Write “B” if no deduction is on account of declaration under section197A other than the cases mentioned in sub-section (1F) of section 197A.
3. Write “C” if deduction is on higher rate under section 206AA on account of non-furnishing of PAN.
4. Write “D” if no deduction or lower deduction is on account of payment made to a person or class of person on account of notification issued under sub-section (5) of section 194A.
5. Write “E” if no deduction is on account of payment being made to a person referred to in Board Circular No. 3 of 2002 dated 28th June 20002 or Board Circular No. 11 of 2002 dated 22nd November 2002 or Board Circular No. 18/2017 dated 29th May 2017
6. Write “Y” if no deduction is on account of payment below threshold limit specified in the Income-tax Act,1961.
7. Write “T” if no deduction is on account of deductee/payee being transporter. PAN of deductee/payee is mandatory[section194C(6)].
8. Write “Z” if no deduction or lower deduction is on account of payment being notified under section197A(1F).
9. Write “M” if no deduction or lower deduction is on account of notification issued under second proviso to section 194N.
10. Write“N” if no deduction or lower deduction is on account of payment made to a person referred to in the third proviso to section194 Nor on account of notification issued under fourth proviso to section194N.
11. Write “O” if no deduction is as per the provisions of sub-section (2A) of section 194LBA.
12. Write “P” if no deduction is on account of payment of dividend made to a business trust referred to in clause (d) of second p roviso to section 194 or in view of any notification issued under clause (e) of the second proviso to section 194.
13. Write “Q” if no deduction in view of payment made to an entity referred to in clause (x) of sub -section (3) of section 194A.
14. Write “S” if no deduction is in view of the provisions of sub-section (5) of section 194Q.*
15. Write “U” if the deduction is on higher rate in view of section 206AB for non-filing of return of income*.
16. List of section codes is asunder:
Section Nature of Payment Section Code 192A Payment of accumulated balance due to an employee 192A 193 Interest on securities 193 12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
194 dividend 194 194A Interest other than interest on securities 94A 194B Winnings from lotteries and crossword puzzles 94B 194BB Winnings from horse race 4BB 194C Payment of contractors and sub-contractors 94C 194D Insurance Commission 94D 194DA Payment in respect of life insurance policy 4DA 194EE Payments in respect of deposits under National Savings Schemes 4EE 194F Payments on account of repurchase of Units by Mutual Funds or UTIs 94F 194G Commission, prize etc., on sale of lottery tickets 94G 194H Commission or Brokerage 94H 194-I(a) Rent 4-IA 194-I (b) Rent 4-IB 194J(a) Fees for Technical Services (not being professional service), royalty for sale, distribution or exhibition of cinematographic 94J-A 194J(b) films and call center(@2%) 94J-B 194K Fee for professional service or royalty etc (@10%) 94K 194LA Income in respect of units 4LA 194LBA(a) Payment of Compensation on acquisition of certain immovable property 4BA1 194LBA(b) Certain income in the form of interest from units of a business trustto a resident unit holder 4BA2 194LB Certain income in the form of dividend from units of a business trust to a resident unit holder LBB 194LBC Income in respect of units of investment fund LBC 194N Income in respect of investment in securitization trust 94N 194N First Payment of certain amounts in cash 94N-F Proviso Payment of certain amounts in cash to non-filers [भाग II—खण्ड 3(i)] भारतकाराजपत्र:असाधारण 13
194-O Payment of certain sums by e-commerce operator to e-commerce participant 94O 194Q* Payment of certain sums for purchase of goods 94Q”
* Note:- In relation to section 194Q and section 206AB, the changes shall come into effect from 1st July, 2021. 5. In the principal rules, in Appendix II, in form 27EQ,- (a) for the brackets, words, figures and letters“[See section 206C and rule 31AA]”, the following brackets, words, figures and letters, shall be substituted namely:- “[See section 206C, 206CC, 206CCA and rule 31AA]”;
(b) for the “Annexure”, the following “Annexure” shall be substituted, namely:- “ANNEXURE -: PARTY WISE BREAK UP OF TCS
(Please use separate Annexure for each-line item in Table at Sl. No. 04 of main Form 27EQ) Details of amount received/debited during thequarterended ................................................................................ (dd/mm/yyyy) and of tax collected at source
BSR Code of branch/Receipt Number of Form No. 24G
Date on which challan deposited/Transfer voucher date (dd/mm/yyyy)
Challan Serial Number/DDO Serial No. of Form No. 24G
Amount as per Challan Name of the Collector Total TCS to be allocated among deductees as in the vertical total of Col. 677 TAN
Total interest to be allocated among the parties mentioned below
Sl. Party ref Party PAN Name of Total Amo- Date on Colle- Tax Sur- Educ- Total Total Date of Rate at Reason Number Whether the If, answer to [681A]
No. er- code of the party value untrecei which ction char ationCe tax tax collec- which for non- of the payment by is yes, then
encenum (01- party of the - ved/ amo- Code ge ss collec- depo- tion (dd/ collec- collec- certif i- collectee is
- ber Com- tran- debi- untrece- (See ted sited mm/ ted tion/ cate u/s liable to TDS
pro- pany sactio ted ived/ Note [673+ yyyy) lower 206C as per clause
vided 02- n debi- 10) 674+ collec- issued by (a) of the fifth
by the Other ted (dd/ 675] tion/ or the Asse- proviso to
collec- than mm/ collec- ssing sub-section
tor, if com- yyyy) tion at Officer (1G) or
avail- pany) higher for lower second 14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
able rate collec- proviso to Challan Date of (See pay- ment [664] [665] Note 1 tion of tax sub-section number of TDS to 1 to 9) Central 2 (1H) and Gover- 3 [680] nment Total whether TDS [681C] has been
deductedfrom
such payment
(if either "F"
or"G" is
selected in
680)
[666] [667] [668] [669] [670] [671] [672] [673 [674 [675] [676] [677] [678] [679] [681] [681A] [681B ] ]
Verification
I, , hereby certify that all the particulars furnished above are correct and complete.
Place: ………………….. Signature of the person responsible for collecting tax at source …………………..
Date: ………………….. Name and designation of the person responsible for collecting tax at source …………………..
Notes: Write "A" if "lower collection" is on account of a certificate under sub-section (9) of section 206C. 1. Write "B" if "non-collection" is on account of furnishing of declaration under sub-section (1A) of section 206C. 2. Write "C" if collection is at higher rate under section 206CC on account of non-furnishing of PAN/Aadhaar by the collectee 3. Write "D" if no collection is on account of the first proviso to sub-section (1G) of section 206C. 4. Write "E" if no collection is on account of the fourth proviso to sub-section (1G) of section 206C. 5. Write "F" if no collection is on account clause (i) or clause (ii) of the fifth proviso to sub-section (1G) or in view of notification issued under the clause (ii). 6. Write "G" if no collection is on account of the second proviso to sub-section (IH) of section 206C. 7. [भाग II—खण्ड 3(i)] भारतकाराजपत्र:असाधारण 15
8. Write "H" if no collection is on account of sub-clause (A) or sub-clause (B) or sub-clause (C), or in view of notification issued under sub-clause (c), of clause (a) of
the Explanation.
9. Write “I” if collection is at a higher rate in view of section 206CCA*.
10. Write collection code as mentioned below:
Section Nature of collection Collection Code 206C Collection at source from alcoholic liquor for human consumption 206C Collection at source from timber obtained under forest lease 6C A 206C Collection at source from timber obtained by any mode other than a forest lease 206C Collection at source from any other forest produce (not being tendu leaves) 6C B 206C Collection at source from scrap 206C Collection at source from contractors or licensee or lease relating to parking lots 6C C 206C Collection at source from contractors or licensee or lease relating to toll plaza 206C Collection at source from contractors or licensee or lease relating to mine or quarry 6C D 206C Collection at source from tendu leaves 206C Collection at source on sale of minerals, being coal or lignite or iron ore 6C E 206C Collection at source on cash sale of bullion and jewellery 206C Collection at source on sale of motor vehicle 6C F 206C Collection at source on remittance under LRS for purchase of overseas tour program package 206C Collection at source on remittance under LRS for educational loan taken from financial institution mentioned in section 80E 6C G
6C H
6C I
6C J
6C K
6C L
6C O
6C P
206C Collection at source on remittance under LRS for purpose other than for purchase of overseas tour package or for educational loan 6C Q 206C taken from financial institution 6C R” Collection at source on sale of goods
* Note In relation to section 206CCA, the changes shall come into effect from 1st July, 2021. 6. In principal rules, in Appendix II, in Form 27Q, – (a) for the brackets, words, figures and letters“[See section 194E, 194LB, 194LBA, 194LBB, 194LBC, 194LC, 194N, 195, 196A, 196B, 196C, 196D, 197A and rule 31A]”, the following brackets, words, figures and letters shall be substituted, namely:- “[See section 194E, 194LB, 194LBA, 194LBB, 194LBC, 194LC, 194N, 195, 196A, 196B, 196C, 196D, 197A, 206AA, 206AB and rule 31A]”; (b) for the “Annexure”, the following “Annexure” shall be substituted, namely:- 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
“ANNEXURE: DEDUCTEE WISE BREAK UP OF TDS (Please use separate Annexure for each line item in Table at Sl. No. 04 of main Form 27Q)
Details of amount paid/credited during the quarter ended (dd/mm/yyyy) and of tax deducted at source
BSR Code of branch/Receipt Number of Form No. 24G Name of the Deductor/Payer
TAN
Date on which challan deposited/Transfer voucher date (dd/mm/yyyy)
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. 726 Total interest to be allocated among the deductees mentioned below
Sl. Deducte Deductee [Permanent Name of Sectio Date of Amount of Amount of Amount of Amoun Tax Surcharge Education Total Total tax payment or e cash t tax credit withdrawal deduc No. reference Code(01- Account the n code (dd/mm/yyy cash cash paid or Cess deposited number Company Numberor deduct (See withdrawal y) which is in withdrawal credite ted
ee [720] d [722+
provided 02-Other Aadhaar Note in excess excess of which is in
by the than Number] 11) Rs. 20 excess of 723 + of Rs. 1 lakhs but Rs. 1 crore deductor company of the core as does not 724] deductee , ) exceed Rs. 1 if referred to crore for for cases in section covered by availabl [see note e 12] 194N (in cases
cases not covered sub-clause (b) of covered by by sub- clause (ii) of first the first clause proviso to proviso to Section Section (a) of 194N 194N) clause (ii) of first proviso to section 194N
[714] [715] [716] [717] [718] [719] [720A] [720B] [720C] [721] [722] [723] [724] [725] [726] 1 2 [भाग II—खण्ड 3(i)] भारतकाराजपत्र:असाधारण 17
3
Total
Date of Rate at Reason for Number of Whether Nature Unique Country to Email Contact Address Tax Identification deduction of Acknowledgement which ID of number of Number/ Unique (dd/mm/yyyy) which non- the the rate Remittanc deducte deductee e of the remittance of in country identification [727] deducted deduction/ certificate of TDS corresponding is made e deductee of number of 1 [732] Form No. 15CA, if residence deductee 2 lower issued by the is as per 3 available 738 deduction/ Assessing IT Act [733] grossing up/ Officer for (a) DTAA
Higher non- (b)
Deduction deduction/
(See notes1 to lower
10) deduction
[728] [729] [730] [731] [734] 735 736 737
Total
Verification I, ............................................................................................................................. , hereby certify that all the particulars furnished above are correct andcomplete.
........................................................................................... .................................
Place: .............................. Signature of the person responsible for deducting tax atsource
Date: .................................................................................. ...................................................................... Name and designation of the person responsible for deducting tax at source
Notes:
1. Write “A” if “lower deduction” or “no deduction” is on account of a certificate under section197.
2. Write “C” if grossing up has beendone.
3. Write “D” if deduction is on higher rate under section 206AA on account of non-furnishing of Permanent Account Number or Aadhaar Numberor non-linking of PAN with Aadhar.
4. Write “E” if no deduction is in view of sub-section (2A) of section 194LBA. 18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
5. Write "M" if no deduction or lower deduction is on account of notification issued under second proviso to section 194N.
6. Write "N" if no deduction or lower deduction is on account of payment made to a person referred to in the third proviso to section 194N or on account of notification issued under the fourth proviso to section 194N.
7. Write “O” if no deduction is in view of clause (a) or (b) of sub-section (1D) of section 197A.
8. Write “H” if no deduction is in view of proviso to sub-section (1A) of section 196D in respect of an income paid to a specified fund which is exempt under clause (4D) of section 10.
9. Write “I” if no deduction is in view of sub-section (2) of section 196D in respect of income of the nature of capital gains on transfer of securities referred to in section 115AD paid or payable to a Foreign Institutional Investor.
10. Write “J” if deduction is at higher rate in view of section 206AB for non-filing of return of income by the non-resident having a permanent establishment in India*.
11. List of section codes is asunder: Nature of Payment Section Code Section
192A Payment of accumulated balance due to an employee 192A
194E Payments to non-resident Sportsmen/Sport Associations 94E
194LB Income by way of interest from infrastructure debt fund 4LB
194LBA(a) income referred to in section 10(23FC)(a) from units of a business trust. LBA1
194LBA(b) Income referred to in section 10(23FC)(b) from units of a business trust LBA2
194LBA(c) Income referred to in section 10(23FCA) from units of a business trust LBA3
194LBB Income in respect of units of investment fund LBB
194LBC Income in respect of investment in securitisation trust LBC
194LC Income by way of interest from Indian company 4LC
194LD Income by way of interest on certain bonds and Government securities. 4LD
194N Payment of certain amounts in cash 94N
194N First Proviso Payment of certain amount in cash to non-filers. 4N-F
195 Other sums payable to a non-resident 195
196A Income in respect of units of Non-Residents 96A
196B Payments in respect of Units to an Offshore Fund 96B
196C Income from Foreign Currency Bonds or shares of Indian Company payable to Non-Resident 96C
196D(1) Income of foreign institutional investors from securities under sub-section (1) 96D [भाग II—खण्ड 3(i)] भारतकाराजपत्र:असाधारण 19
196D(1A) Income of specified fund from securities referred to in clause (a) of sub-section (1) of section 115AD (other than interest income referred 96DA to in section 194LD)
12. In case of deductees covered under rule 37BC, Permanent Account Number or Aadhaar Number NOT AVAILABLE should be mentioned.” * Note In relation to section 206AB, the changes shall come into effect from 1st July, 2021.
[Notification No. 71/2021/F. No. 370142/19/2021-TPL] KAMLESH CHANDRA VARSHNEY, Jt. Secy. (Tax Policy and Legislation Division)
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 March, 1962 and last amended vide notification number G.S.R. 338(E) dated 24th May, 2021
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.
|