REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 405] NEW DELHI, THURSDAY, SEPTEMBER 22, 1977 /BHADRA 31, 1899
Separate paging is given to this Part in order that it may be filed as a separate compilation
CENTRAL BOARD OF DIRECT TAXES
NOTIFICATION
INCOME-TAX
New Delhi, the 22nd September 1977
S.O. 677 (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 (Sixth Amendment) Rules, 1977.
(2) Save as otherwise provided, these rules shall come into force on the 1st day of October, 1977
2 In the Income-tax Rules, 1962,—
(1) after rule 18B the following rule shall be Inserted w th effect from the 1st day of April, 1978, namely,—
"18BB Form of audit report for clammy deduction under section 80HHA — The report of the audit of the accounts of an assessee, other than a company or a co-operative society which is required to be furnished under sub-section (4) of section 80HHA shall be in Form No 10 CC"; (ii) in rule "28, in sub-rule (2) for the words "under the proviso", the words "under the second proviso" shall be substituted;
(2583)
2584 T HK GAZETTE OF INDIA EXTRAORDINARY PAH* II—SEC. 3(U)(iii) after rule 28, the following rule shall be Inserted, namely —
"28A. Statement by shareholder claiming receipt of (kvidend without de- duction of tax.—(1) The statement In writing to he furnished under the first proviso to section 194 shall be in Form No 14B and shall be verified m the manner indicated therein
(2) The statement referred to in sub-rule (1) shall be furnished In duplicate to the person responsible for paying the dividend ";
(iv) in rule 29, in sub-rule (1), for the words "in accordance with the priviso", the words "in accordance with the second proviso" shall be substituted,
(v) after rule 37A, the following rule shall be inserted, namely—
"37B Return of dividend? paid to certain residents without deduction of tax.—(I1) The return to be delivered to the Income-tax Officer under section 206B, within thirty clays from the 31st day of March in each year, shall be in Form No 27B and shall be verified m the manner indicated therein.
(2) The return referred to in sub-rule (1) shall be accompanied by a copy each oE 1he statement under the first proviso to section 194 in Form No 14B.";
(vi) In Appendix II,;—
(d) after Form No IOC, the following Form shall be Inserted with effect from the 1st day of April, 1978, namely: —
"FORM NO. 10 CC
[See rule 18BB]
Audit Report under section 80HHA 0/ the income-tax Act, 1961
*I/W". have examined the balance-sheet of the small-scale industrial undertak-
, and belonging to M/s
ing fttyled** as at and the profit and loss account of thf said small-scale Industrial undertaking for the year ended on thnt date which are in agreement with the books of account maintained at the head office at , • • • • • • anc* branches at . ..
•I/We have obtained all thn information and "Xplnnatlons which to the bpst of *mv/our knowledge and belief were necessary for th- pm DORPS of the pudit In *my/our opinion proper books of account have b"en kept bv the head office an<-| the'branches of the small-scale industrial undertaking aforesaid visited bv me/us so far as appears from *mv/our examination of books, and proper returns adequate 'or the r.ur"os"s of audit h'i\v b°en recejved from branches not visited by "me/us, subject to the comments given below —
In *my/our opinion anri to the best of *mv/our Information pnd according to explanations given to *me/as, tfw snid accounts give a true and fair view—
(I) in the case of the bal^re-sheet of Ihc stale of affairs of the abovenamed
small-scale industrial undertaking as at
a nd
S )Sn ed (ii) in the case of the profit and lois account, of the profit or loss or tho small-scale industrial undertaking for the accounting year ending on Place . , Date
Accountant $
1. *Delete whichever is not applicable
2 " H e re give name and address of the smal -scale industrial undertaking
3. iThis reporl is to be given bv—
(0 a fhirterod ar-roiir-tprn within the meaning of the Chartered Accountants
Act, 1949 (38 of 1949), or
(11) an- person who, In relation la -w S'ate Is, by virtue of Jhe P j l " ™ |" in =ub-sect1on (21 of section 2£fl of the Comnanic^ Act 1956 (1 of 1956) entitled to be appointed to *pt as an audjtor of companies registered in that State.
35"5
4. Where any of the matters stated in this report is answered m the negative Or with a qualification, the report shall state the reasons therefor.",
(b) m Form No. 14, in the sub-heading, for the words "under the proviso"',
the words "under the second proviso" shall be substituted;
(c) after Form No, 14A, the lollowlng Form shall he inserted, namely —
"FORM NO. 14B
L&'ee rule 28A] Statement under the first promso to section 104 of the Income-tax Act, 1061 relating to deduction of tor from dividends . . , , ,, do hereby declare —
I, . .
(name of the shareholder) (I) that I am a shareholder in ,
(name and address of the company)
(11) that the shares in the said company, particulars of "which are given in the Schedule hereto, stand in my name and are beneficially owned by me, and the dividends therefrom are not includible in the total Income of any other person;
(ih) that my estimated total Income of the previous year ending on
19. . in which the dividend from the said shares JS to be included under the provisions of section 8 of 1he Income-tax Act, 1961 Will be less than the minimum liable to income-tax.
2 I give below the other necessary particulars' —
(a) Address of the shareholder
making the statement
. . .. . . ..
(b) Name of father/husband
. ..
(c) Occupation of the shareholder
. . .
(d) Name of Income-tax Circle/Word/District
where last assessed to tax (If not . . assessed to income-tax at any time, state "NOT ASSESSED")
3, I further declare 1hat I am resident In India.
4. I hereby alto declare that to the best of my knowledge and belief the information furnished above and in the Schedule here to 11 correct complete e"d is truly stated.
Place
Signature ,
Date
SCHEDULE
Date
Distinctive
the ' shares were
Nos. of shares,
Total
face vnluc
No. of shares
SI. No.
of shares
Claf.1 of shares pndface value of each share
acquired bv th shareholder
6
i
5
2
4
3
NOTE,—The statement should be furnished in duplicate.'1;
2^86 T t tE GAZETTE OP INDIA EXTRAORDINARY PART II—Sfcc. 3 ( 1^(d) In FormNo. 15,m the sub-heading, for the words "under the proviso", the words "under the second proviso" shall be substituted j
(e) after Form No. 27A, the following l'orm shall be inserted, namely •—
"FORM No. 27B
\See rule 37B]
Annual return undir section 206B of the Incontc-tax' rict,i^6i, of dividends paid or distributed
during the financial year 19. .. —19 . .wtttioufdeduatm of tax.
Name and address of the Company. ..
Name and address of the shareholder to whom dividond was paid or distri-
Date(s) of puymei t or
Amour t of divided paid or distributed to the shareholder
ai'tribution buted without deduction ot tax
SI. No.
mentioned in column (?) during the flranclnl
during the financial year on ljs tur- nishirg a statement under the first
yeor
proviso to section 194
' 4) ( 1)
( 2)
(3)
1.
2.
3-
4.
I certify that—
(,1) the above statement contains a complete list of every shaieholder to whom divided was paid or distributed during the firarcial year 19. . —19. . without deduction of tax on his furnishing a statement under the first proviso to section 194 of the In- come-tax Act, 1961 , ard
(ij) all the particulars furrished above are correct and complete.
A copy each of the statements under the first proviso to section 194 of tiie Income-tax Act, 1961 is attached.
Place
(Signature)
Date
(Designation)
[No. I993/F. No. I42/3O/77-TPL1
S. N. SHENDE,
Secretary,
Central B ard of Direct Taxes.
258?
a^gg THffi GAZfifrtE OF itttHA EXTRAORDINARY PART II—SEC. 8(ii)2589
2590 T HE GAZETTE OF INDIA EXTRAORDINARY PART II—SEC. 3(11)2591
2592 T HE GAZETTE OF INDIA EXTRAORDINARY PART II—SEC. 3(li)