TaxTMI 
TaxTMI 
Income-tax (8th Amendment) Rules, 2009 - Time and mode of payment of tax deducted at source or tax paid (TDS) and tax collected at source (TCS) and issue of Certificate of tax deducted at source or tax paid (TDS) and TCS
X X X X Extracts X X X X
X X X X Extracts X X X X
.... come into force on the 1st day of April, 2009. 2. In the Income-tax Rules, 1962,- (a) for rules 30, 31, 31A and 31AA, the following rules shall be substituted, namely:- "Time and mode of payment to Government account of tax deducted at source or tax paid under Chapter XVII-B 30.(1) All sums deducted in accordance with the provisions of Chapter XVII-B shall be paid to the credit of the Central Government- (a) within two months from the end of the month in which the amount is credited by the payer to the account of the payee if the crediting is on the date up to which the accounts of the payer are made; and (b) in any other case, within one week from the end of the month in which the- (i) deduction is made; or (ii) income-tax is due under sub-section (1A) of section 192. (2) Notwithstanding anything contained in sub-rule (1), the Assessing Officer may permit, in special cases,- (a) quarterly payment of the amount on June 15, September 15, December 15 and March 15 if the amount is deducted from any income chargeable under the head "Salaries"; and (b) quarterly payment of the amount on July 15, October 15, January 15 and April 15 if the amount is deduc....
X X X X Extracts X X X X
X X X X Extracts X X X X
....consolidated certificate in respect of such deductions; (c) within fourteen days from the date of payment of income-tax if the payment is made quarterly under sub-rule (2) of rule 30; (d) within one month from the end of the month in which the deduction of tax at source is made, in all other cases. (3) The deductor may issue a duplicate certificate in Form No.16 or Form No.16A, as the case may be, if the deductee has lost the original certificate so issued and makes a request for issuance of a duplicate certificate and such duplicate certificate is certified as duplicate by the deductor. (4) The Assessing Officer, before giving credit for the tax deducted at source on the basis of duplicate certificate referred to in sub-rule (3), shall- (a) obtain an Indemnity Bond from the deductee; and (b) get the payment certified by the Assessing Officer designated in this behalf by the Chief Commissioner or the Commissioner. Quarterly statement of deduction of tax or collection of tax 31A.(1) Every person who has been allotted a tax deduction and collection account number under section 203A shall deliver, or cause to be delivered the following quarterly statements; nam....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed bank, if the amount is remitted by way of- (a) internet banking facility of the Reserve Bank of India or of the State Bank of India or of any authorised bank; or (b) credit or debit card. Certificate of tax collected at source 37D. (1) The certificate of collection of tax at source under sub-section (5) of section 206C shall be in Form No.27D. (2) The certificate referred to in sub-rule (1), shall be furnished to the deductee within one month from the end of the month in which the amount is debited to the account of the buyer or licensee or lessee or payment is received from the buyer or licensee or lessee, as the case may be. (3) The person responsible for collecting tax at source may issue a duplicate certificate in Form No.27D, if the buyer or licensee or lessee has lost the original certificate so issued and makes a request for issuance of a duplicate certificate and such duplicate certificate is certified as duplicate by the person responsible for collecting tax at source. (4) The Assessing Officer, before giving credit for the tax collected at source on the basis of duplicate certificate referred to in sub-rule (3), shall- (a) obtain an Indemnity Bo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....LE 37A NOTIFICATION NO. 31/2009[F.NO.142/22/2008-TPL]/S.O.858(E), DATED 25-3-2009 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 (Eight Amendment) Rules, 2009. (2) They shall come into force on the 1st day of April, 2009 2. In the Income-tax Rules, 1962, - (a) for rules 30, 31, 31A and 31AA, the following rules shall be substituted, namely :- "Time and mode of payment to Government account of tax deducted at source or tax paid under Chapter XVII-B 30. (1) All sums deducted in accordance with the provisions of Chapter XVII-B shall be paid to the credit of the Central Government- (a) within two months from the end of the month in which the amount is credited by the payer to the account of the payee if the crediting is on the date up to which the accounts of the payer are made; and (b) in any other case, within one week from the end of the month in which the- (i) deduction is made; or (ii) income-tax is due under sub-section (1A) of section....
X X X X Extracts X X X X
X X X X Extracts X X X X
....x is made under sub-section (1) of section 192; (ii) the certificate relates to payment of tax by the employer on behalf of the employee under section (1A) of section 192; (iii) the deduction of tax is made under section 194D; or (iv) more than one certificate is required to be furnished to a deductee for deductions of income-tax made during a financial year and the deductee has requested for issue of a consolidated certificate in respect of such deductions; (c) within fourteen days from the date of payment of income-tax if the payment is made quarterly under sub-rule (2) of rule 30; (d) within one month from the end of the month in which the deduction of tax at source is made, in all other cases. (3) The deductor may issue a duplicate certificate in Form No.16 or Form No.16A, as the case may be, if the deductee has lost the original certificate so issued and makes a request for issuance of a duplicate certificate and such duplicate certificate is certified as duplicate by the deductor. (4) The Assessing Officer, before giving credit for the tax deducted at source on the basis of duplicate certificate referred to in sub-rule (3), shall- (a) obtain an Indemni....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... (a) electronically furnish an income-tax challan in Form No.17; and (b) pay the amount so collected to the credit of the Central Government by electronically remitting it into the Reserve Bank of India, State Bank of India or any authorised bank. 5 (3) For the purposes of this rule, the amount shall be construed as electronically remitted to the Reserve Bank of India or of the State Bank of India or of any authorised bank, if the amount is remitted by way of - (a) internet banking facility of the Reserve Bank of India or of the State Bank of India or of any authorised bank; or (b) credit or debit card. Certificate of tax collected at source 37D. (1) The certificate of collection of tax at source under sub-section (5) of section 206C shall be in Form No.27D. (2) The certificate referred to in sub-rule (1), shall be furnished to the deductee within one month from the end of the month in which the amount is debited to the account of the buyer or licensee or lessee or payment is received from the buyer or licensee or lessee, as the case may be. (3) The person responsible for collecting tax at source may issue a duplicate certificate in Form No.27D, if the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....bate and relief under Chapter VIII I. Under section 88 (please specify) Gross Amount Qualifying Amount Tax rebate/ relief (a) Rs Rs (b) Rs Rs (c) Rs Rs (d) Rs Rs (e) Rs Rs (f) Total [(a) to (e)] Rs Rs = (a) Under section 88B Rs (b) Under section 88C Rs = Under section 89 (attach details) Rs 14 Aggregate of tax rebates and relief at 13 above [I(f) + II(a)+ II(b) + III] Rs 15 Tax payable (12-14) and surcharge thereon Rs 16 Less: Tax deducted at source Rs 17 Tax payable/refundable (15-16) Rs son/daughter of - working in the capacity of (designation) do hereby certify that a sum of Rs. [Rupees (in words)] has been deducted at source and paid to the credit of the Central Government. I further certify that the information given above is true and correct based on the books of accounts, documents and other available records. Place Date Signature of person responsible for deduction of tax Designation Full Name # TDS certificate number is an internal reference number to be given by the Deductor (optional) 8 FORM NO.16A [See rule 31(1)(b)] Certificate under section 203 of the Income-ta....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Flat/Door/Block No Name Of Premises/Building/Village PAN of Head office or taxable entity Road/Street/Post Office Area/Locality Quarter (First / Second / Third / Fourth) Town/City/District State Pin code Email Address (STD code)-Phone Number ( ) FILING STATUS Designation of TDS Assessing Officer (Ward/Circle) Whether Original or Revised return? (Tick) Original Revised If revised, enter Ack No and Date of filing of original return (DD/MM/YYYY) Residential Status (Tick) Resident Non-Resident Is there any transaction of the nature specified in SCH COM-1 below Yes (Enter details in Schedule COM) No (Nil Return) SCH COM-1 Details of TDS compliance in the month of 1 Tax deducted or collected at source Section Nature of payment Total Expense or Capital outgo under the section Total Amount on which TDS / TCS was liable or eligible to be deducted or collected out of (3) Total Amount on which tax was deducted or collected at prescribed rate out of (4) Amount of tax deducted or collected on (5) Total Amount on which tax was deducted or collected at less than prescribed rate out of (4) Amount of tax deducted or collected on (7) Total Amount =(6) + (8) (....
X X X X Extracts X X X X
X X X X Extracts X X X X
....TDS / TCS was liable or eligible to be deducted or collected out of (3) Total Amount on which tax was deducted or collected at prescribed rate out of (4) Amount of tax deducted or collected on (5) Total Amount on which tax was deducted or collected at less than prescribed rate out of (4) Amount of tax deducted or collected on (7) Total Amount =(6) + (8) (1) (2) (3) (4) (5) (6) (7) (8) (9) 192 Salaries to Govt. employees 192 Salaries to non-Govt. employees 193 Interest on securities 194 Dividend 194A Interest other than interest on securities 194B Winnings from lotteries and crossword puzzles 194BB Winnings from horse race 194C Payment of contractors and sub- contractors 194D Insurance Commission 15 194E Payments to non- resident sportsmen / Sport Associations 194EE Payments in respect of deposits under National Savings Schemes 194F Payments on account of re-purchase of units by Mutual Funds or UTI 194G Commission, prize, etc., on sale of lottery tickets 194H Commission or brokerage 194I Rent 194J Fees for professional or technical services 194K Income payable to a resident assessee in respect of units of a specified Mutual F....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ct of deposits under National Savings Schemes 194F Payments on account of re-purchase of units by Mutual Funds or UTI 194G Commission, prize, etc., on sale of lottery tickets 194H Commission or brokerage 18 194I Rent 194J Fees for professional or technical services 194K Income payable to a resident assessee in respect of units of a specified Mutual Fund or of the units of the UTI 194LA Payment of compensation on acquisition of certain immovable property 195 Other sums payable to a non-resident 196A Income in respect of units of non-residents 196B Payments in respect of units to an offshore fund 196C Income from foreign currency bonds or shares of Indian company payable to non-resident 196D Income of foreign institutional investors from securities 206C Collection at source from alcoholic liquor for human consumption 206C Collection at source from timber obtained under forest lease 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) 206C Collection at source for scrap 19 206C Collection at source from contracto....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r the Annexure, the following Annexure shall be substituted, namely :- Annexure Deductee-wise break-up of TDS (Please use separate Annexure for each line - item in the table at S. No. 4 of main Form 26Q) (DD-MM-YYYY) and of tax deducted at source Details of amount paid/credited during the quarter ended BSR code of branch where tax is deposited_ Date on which tax deposited (dd-mm-yyyy) Challan Serial No. Section under which payment made Total TDS to be allocated among deductees as in the vertical total of col. 425 Interest Others Total of the above Name of Deductor TAN Sr. No. Deduc- tee code (01- Com- pany 02- Other than Com- pany) Unique Trans- action Number (UTN) PAN of the deduc- tee Name of the deduc- tee Date of pay- ment/ credit Amo- unt paid/ credi- ted Rs. Paid by book entry or other- wise TDS Sur- charge Educa- tion Cess Total tax deduc- ted (421 + 422 + 423) Rs. Total tax depo- sited Rs. Date of deduc- tion Rate at which deduc- ted Rea- son for non- deduc- tion/ lower deduc- tion* 414 415 429 416 417 418 419 420 421 422 423 424 425 426 427 428 1 2 3 4 5 Total Verification I, .......... hereby certify that a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....yy) Challan Serial No. Heading under which payment made Total TDS to be allocated among deductees as in the vertical total of col. 725 Interest Others Total of the above S. No. Deductee code (01- Company, 02-Other than Company) Unique Trans- action Number (UTN) PAN of the deduc- tee Name of the deduc- tee Date of Pay- ment/ Credit Amount paid/ credited Rs Paid by book entry or other- wise TDS Sur- charge Educa- tion Cess Total Tax deducted (721+ 722+723) Rs. Total Tax deposited Rs. Date of deduc- tion Rate at which deduc- ted Reason for non- deduction/ lower deduction/ gross-ing up (if any)* 714 715 729 716 717 718 719 720 721 722 723 724 725 726 727 728 1 2 3 4 5 Total Verification I, hereby certify that all the particulars furnished above are correct and complete. Place : Signature of person responsible for deducting tax at source Date : Name and designation of person responsible for deducting tax at source Note .- *Write "A" if the "lower deduction" or "no deduction" is on account of a certificate under section 197. Write "B" if no deduction is on account of declaration under section 197A. Write "G" if grossing up has b....