REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
N o. 430] NEW DELHI, THURSDAY, SEPTEMBER 7, 1967/BHADRA 16, 1889
Separate paging is given to this Fart in order that it may be filed as a separate compilation.
CENTRAL BOARD OF DIRECT TAXES
NOTIFICATION
INCOME-TAX
New Delhi, the 6th September 1967
S.O. 3218.—In exercise of the powers conferred by section 295 of the Income- lax Apt, 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. These rules may be called the Income-tax (Fifth Amendment) Rules, 1967.
2. In rule 28 of the Income-tax Rules, 1962 (hereinafter referred to as the principal rules), after sub-rule (1). the following sub-rule shall be inserted namely: —
'(1A) An application by a person, other than a company, for a certificate under clause (a) of sub-section (1) of section 197 in respect of inte- rest other than "Interest on Securities" shall be made in Form No. 13A.'.
3. After rule 29 of the principal rules, the following rule shall be inserted, namely: —
'29A. Statement by person claiming receipt of interest other than "Interest on Securities" without deduction of tax.—The statement in writing to be furnished under the proviso to sub-section (1) of section 194A shall be in Form No. 15A and shall be verified in the manner indicat- ed therein.'.
( 1 4 9 1)
I^ja THfi GAZKTTfi OF INDIA 1XTRAORDINARY [FA*T II-4. In rule 80 of the principal ruled,—
(1) for sub-rule (1), the following sub-rule shall be substituted, namely: —
'(!> AH sums deducted in accordance with the provisions of sections 192 to 194, section 194A and section 195 shall be paid to the credit of the Central Government—
(a) in the case of deduction by or on behalf of the Government, on th" tame day;
(b) in all other cases,—
(1) in respect of sums deducted in accordance with the provisions of section 194A, within one week from the last day of the month in which the deduction is made; and
(U) in respect of sums deducted in accordance with the other provi- sions, within one week from the date of such deduction or the dat" of receipt of the chalan by the person making the deduc- tion, as the case may be:
Provided that the Income-tax Officer may. in special cases, and with the approval of the Inspecting Assistant Commissioner,—
(") in cases falling under clause (1), permit any person to Pay the income-tax deducted from any income by way of interest, other than Income chargeable under the head 'Interest on Securities" quarterly on July 16th, October 15th January 15th and April 18th, and
(b) in cases falling under clause (il), permit an employer to pay income-tax deducted from any income chargeafre under the head. "Salaries" quarterly on June 18th, September 15th, December 15th and March 15th.';
(•) In "ub-rule (3), for the words and figures "sections 193, 194 and 198", the words, figures and letter "aectiono Ift3, 194, 194A and 195" shall be substituted.
ft. In rule 31 of the principal rules,—
(1) after sub-rule (4); the following sub-rule nh"ll be inserted, namely: —
'(4A) The certificate of deduction of tax to be furnished under section 203 by any person responsible for paying any income by way of- interest other than income chargeable under the head "Interest on Securities", shall be In Form No. 19A.';
(3) in sub-rule (B), for the brackets and figure "(4)", the brackets, figure and letter "(4A)" shall be substituted.
6. In rule 87 of the principal rules, after sub-rule (t), the following sub-rule shall be Inserted, namely:—
'(2A) The person making deduction of tax in accordance with section 194A from income by way of interest other than income chargeable under the head "Interest on Securities" shall send to the Income-tax Officer having Jurisdiction to assess him a statement in Form No, 26A quar- terly on July 15th, October 15th, January 15th and April 15th in respect of the deduction made by him during the immediately pre- ceding quarter.'
7. After rule 87 of the principal ruleg, the following rule shall be inserted, namely:—
"S7K Return of interest paid to residents without deduction of tax.—The return to be delivered to the Income-tax Officer under section 2O0A within thirty days from the 81st day of March in each year, shall be prepared in Form No. 27A and shall be verified in the manner Indi- cated therein.".
8. In rule 41 of the principal rules, in sub-rule (8) for the worda and figures "•eetloM 102 to 108", the words, figures and letter "section* 102 to 194, section 1"4A and section 105" thall be substituted.
Sec. 3(11)] THE CA7ETTE OF INDIA F.XTR AORDINARY 14939. In Appendix II to the principal rules,—
(1) in Form No, 1, the words "Seal of the company", wherever they occur, shall be, and shall be deemed always to have been, omitted;
(2) after Form No. 13, the following Form shall b0 inserted, namely: —
"FORM NO. 13A
[See rule 28(1A)1
Application by a person other than a company for a certificate under aeciion
191(11 of the Income-tax Act, 1961 relating to deduction nf tax from interest)
other than "Interest on Securities"
To
The Income-tax Officer,
*I of do hereby declare that my total income computed in accordance with the provisions of the Income-tax Act, 1961 for the previous vear relevant to the assssment year 10 . . .. 19 (Including the income by way of interest in respect of sums particulars of which are given in the Schedule hereto) was leas than the minimum liable to income-tax
amounted to Rs
and I have no reason to expect that my total income for the previous yeari relevant to the three assessment years next following will increase substantially,
•I,
the trustee/co-trustee of do hereby declare that the sums (particulars of which are ?ivcn in the Schedule hereto) are property held under trust wholly for charitable or relifiioui purposes and that the interest therefrom qualifies for exemption under sections 11 nnd 13 of the Income-tax Act, 1961 and that not less than 75 per cent, of the income of the trout shall be applied for charitable or religious purposes as required by sub- section (1) read with sub-section (3) of section 11 of the said Act.
I, therefore, request that a certificate mav he issued to the person responsible for paying the interest on the said sums authorising him not to deduct Income- tax
to deduct income-tax at the rate of
to deduct income-tax at the rate of
per cent,
at the time of payment of such interest
I hereby declare that what is stated in this application is correct
Date
Signature
Address
SCHEDULE
SI. No.
Amount of such 'urns
Rate of intercut
Period for which such sumi were given on Interest Name and address of the person to whom the sums are given on in- terest
The date on which such sums were given on In- terest
2
5
6
3
4
Note: *Delete the inappropriate paragraph and words.
i4o4 J HE GAZETTE Ol-INDIA EXTRAORDINARY [ iW 11-(3) after Form No. 15, the following Forms shall be inserted, namely: —
"FORM NO. 15A
[See rule 29A]
Staleihcnt under the proviso to section 194AU) of the Income-tax Act relating lu deduction of lax from income by way of interest other than income chargeable under the heal "Interest on securities".
I/We* ,
do hereby declare (Name of the person entitled to receive the interest)
that my/our* estimated total income assessable for the assessment year next ioJlowmg chc financial year 19 . . .. 19 . . .. will be less than the minimum liable to income-tax.
2. I give below the other necessary particulars:—-
(a) Full name and address of the person (s) making
the statement
(b) Father's name
(c) Occupation of the person (s) making the statement
(d) Name of Income-tax Circle/Ward/District where Jast assessed to tax. (If not assessed to income- tax at any time, state "NOT ASSESSED")
3. I further declare that to the best of my knowledge and belief the informa- tion furnished above is correct, complete and is truly stated.
Place
Date
Signature
ATTESTATION BY GAZETTED OFFICER
Certified that the above .statement has been signed in my presence by Shri/ who is/are* known to Sarvashn me.
Name, designation and signature of
the Gazetted Officer, Place
Date — • —•
NOTE.—Delete whichever is not applicable";
(4) after Form No. ]9, the following Form shall be inserted, namely:-—
"FORM NO. 19A
[See rule 31 (4A)J
Certificate of deduction of tax from interest other than "Interest on Securities"
under section 20.3 of the Income-tax Act
To
(Name and address of the puyee)
I/We*
certify that a sum of (Name ond address of the payer)
being income-tax at the rate Rs of
per cent., has been deducted from Rs being the amount of interest at the rate of
per cent, per annum on Rs
account/paid* to you on
, credited to your The
SEc, 3(it)l THE GAZETTE QF INDIA EXTRAORDINARY j ^ ygamount deducted at source has been paid to the credit of the Central Govern- /* will be paid to the Centfal Government by ment on
Signature of the person responslble for deducting and paying the tax.
Place Date
NOTE.—Delete whichever is not applicable.';
(5) after Form No, 26, the following Form shall be inserted, namely:—
"FoftM No. 26A
[See rule 97(2A)]
Statement of deduction of tax under section 194A of th" Ifte Act, iflOl
from interest other than "Interest on Securities"
1- Name and address of the person "responsible for pay- ing any income by way of Interest otheT thari income chargeable undei1 the head "Interest on securities".
2- Period during which interest Is credited /paid. ..
3. Details of interest credited/paid during the period mentioned against item 2 and of tax deducted at source.
Amount of interest credited/paid
Datc(s) on which tax was deducted at source
Date on which tax de- ducted was paid to the credit of the Central Government. (Here gire"l*o the numbers aid date of the
(a) From interest payable to companies: —
Name and address of the
company.
1. 2. 3- 4. etc.
TOTAL—(A)
persona other than com-
panies'-—
Name and address of the
recipient
1. 2. 3- 4. etc.
TOTAL—(B)
(c) GRAND TOTAL—(A) + (B)
1496 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-SEC. J(H)]I
certify that the above statement is correct and complete.
Signature of the person making the deduction.".
Place Date
(6) after Form No. 27, the following Form shall be inserted, namely: —
"FORM NO. 27A
[See rule 37A]
Annual return under section 206A of the Income-tax Act, 1961 of interest other than "Interest on Securities" credited/paid during the financial year 19
19 without deduction 0/ tax-
Name and address of the person responsible for paying
Date(s) of cre- dit or payment SI. No.
Amount of interest credited to the account of) or paid toj the person mentioned in column 2 during the finan- cial year.
the income. Name and address of the person to whom the interest was credited/paid without deduction during the finan- cial year on his furnishing an affi- davit or statement under the proviso to section i94A(i).
1
2
3
4
i.
2.
3-
I certify that—
(1) the above statement contains a complete list of every person to whose account interest other than interest on securities was credited or to whom such interest was paid during the financial year 19 19 .... without deduction of tax on his furnishing an affidavit or statement under the proviso to section 194A(1);
(ii) all the particulars furnished above are correct and complete.
Signature of the person Place Date
by whom the return Is delivered,"
[No. 96/F, No. 3(24)/GT-TPL.l
HARIHAR LAL, Secy
PHINTKD IN INUIA BY THE GENERAL MANAOER, GOVERNMENT OF INDIA PRESS, NEW DET.HT AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 0 07