Date – 08 Jun 2021
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB- SECTION (ii)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF DIRECT TAXES
NEW DELHI
[F. No. 370142/19/2021-TPL]
NOTIFICATION NO 71/2021, Dated: June 08, 2021
G.S.R. 395(E).- In exercise of the powers conferred by sections 194, 194A, 194Q, 196D, 206AB and 206CCA read 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 subsection (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: –
“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 the quarter ended… (dd/mm/yyyy) and of tax deducted 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 | |
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 |
Name of the Deductor/Payer | |
TAN |
Sl. No. | Deductee/payee reference number provided by the deductor/ payer, if available | Deductee/ payee code (01-Comp any 02-Other than comp any) | PAN of the deductee/ payee | Name of the deductee/ payee | Section code (See Note 16) | Date of payment or credit (dd/m m/ yyyy) | Amount paid or credited | Amount of cash withdrawal in excess of Rs. 1 crore as referred to in section 194N(in cases not covered by the first proviso to section 194N) |
[412] | [413] | [414] | [415] | [416] | [417] | [418] | [419] | [419A] |
1 | ||||||||
2 | ||||||||
3 | ||||||||
Total |
Amount of cash with drawal which is in excess of Rs. 20lakh but does not exceed Rs 1 crore for cases covered by sub-clause (a) of clause (ii) of first proviso to section 194N | Amount of cash withdrawal in excess of Rs. 1 crore for cases covered by sub-clause(b) of clause(ii) of first proviso to section 194N | Total tax deducted | Total tax deposited | Date of deduction (dd/mm/ yyyy) | Rate at which deducted | Reason for non- deduction/ lower deduction/ Higher Deduction/ Threshold/ Transporter etc. (See notes 1 to 15) | Number of the certificate under section 197 issued by the Assessing Officer for non- deduction/ lower deduction |
[419B] | [419C] | [420] | [421] | [422] | [423] | [424] | [425] |
Verification
I, ………………………………………………………………… , hereby certify that all the particulars furnished above are correct and complete.
Place: …………………..
Date: …………………..
Signature of the person responsible for deducting tax at source
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 section 197.
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[section 1 94C(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 section194Nor 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 proviso 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 |
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 films and call center(@2%) | 94J-A |
194J(b) | Fee for professional service or royalty etc (@10%) | 94J-B |
194K | Income in respect of units | 94K |
194LA | Payment of Compensation on acquisition of certain immovable property | 4LA |
194LBA(a) | Certain income in the form of interest from units of a business trust to a resident unit holder | 4BA1 |
194LBA(b) | Certain income in the form of dividend from units of a business trust to a resident unit holder | 4BA2 |
194LB | Income in respect of units of investment fund | LBB |
194LBC | Income in respect of investment in securitization trust | LBC |
194N | Payment of certain amounts in cash | 94N |
194N First Proviso | Payment of certain amounts in cash to non-filers | 94N-F |
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 the quarter ended …………………………………………………………………….. (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 | |
Total TCS to be allocated among deductees as in the vertical total of Col. 677 | |
Total interest to be allocated among the parties mentioned below | |
Name of the Collector | |
TAN |
Sl. No. | Party reference number provided by the collector, if available | Party code (01-Company 02-Other than company) | PAN of the party | Name of party | Total value of the transaction | Amount received/ debited | Date on which amount received/ debited (dd/ mm/ yyyy) | Collection Code (See Note 10) | Tax | Surcharge |
[664] | [665] | [666] | [667] | [668] | [669] | [670] | [671] | [672] | [673 ] | [674 ] |
Education Cess | Total tax collected [673+674+675] | Total tax deposited | Date of collection (dd/ mm/ yyyy) | Rate at which collected | Reason for non-collection/ lower collection/ or collection at higher rate (See Note 1 to 9) | Number of the certificate u/s 206C issued by the Assessing Officer for lower collection of tax | Whether the payment by collectee is liable to TDS as per clause (a) of the fifth proviso to sub-section (1G) or second proviso to sub-section (1H) and whether TDS has been deducted from such payment (if either “F” or”G” is selected in 680) | If, answer to [681A] is yes, then Challan number | Date of payment of TDS to Central Government |
[675] | [676] | [677] | [678] | [679] | [680] | [681] | [681A] | [681B | [681C] |
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:
1. Write “A” if “lower collection” is on account of a certificate under sub-section (9) of section 206C.
2. Write “B” if “non-collection” is on account of furnishing of declaration under sub-section (1A) of section 206C.
3. Write “C” if collection is at higher rate under section 206CC on account of non-furnishing of PAN/Aadhaar by the collectee
4. Write “D” if no collection is on account of the first proviso to sub-section (1G) of section 206C.
5. Write “E” if no collection is on account of the fourth proviso to sub-section (1G) of section 206C.
6. 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).
7. Write “G” if no collection is on account of the second proviso to sub-section (IH) of section 206C..
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 | 6C | A |
206C | Collection at source from timber obtained under forest lease | 6C | B |
206C | Collection at source from timber obtained by any mode other than a forest lease | 6C | C |
206C | Collection at source from any other forest produce (not being tendu leaves) | 6C | D |
206C | Collection at source from scrap | 6C | E |
206C | Collection at source from contractors or licensee or lease relating to parking lots | 6C | F |
206C | Collection at source from contractors or licensee or lease relating to toll plaza | 6C | G |
206C | Collection at source from contractors or licensee or lease relating to mine or quarry | 6C | H |
206C | Collection at source from tendu leaves | 6C | I |
206C | Collection at source on sale of minerals, being coal or lignite or iron ore | 6C | J |
206C | Collection at source on cash sale of bullion and jewellery | 6C | K |
206C | Collection at source on sale of motor vehicle | 6C | L |
206C | Collection at source on remittance under LRS for purchase of overseas tour program package | 6C | O |
206C | Collection at source on remittance under LRS for educational loan taken from financial institution mentioned in section 80E | 6C | P |
206C | Collection at source on remittance under LRS for purpose other than for purchase of overseas tour package or for educational loan taken from financial institution | 6C | Q |
206C | Collection at source on sale of goods | 6C | R “ |
* 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, 206A B and rule 31A]”;
(b) for 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 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 | |
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 |
Name of the Deductor/Payer | |
TAN |
Sl. No. | Deductee reference number provided by the deductor if available | Deductee Code(01-Company 02-Other than company | [Permanent Account Numberor Aadhaar Number] of the deductee [see note 12] | Name of the deductee | Section code (See Note 11) | Date of payment or credit (dd/mm/yyyy) | Amount of cash withdrawal in excess of Rs. 1 core as referred to in section 194N (in cases not covered by the first proviso to Section 194N) | Amount of cash withdrawal which is in excess of Rs. 20 lakhs but does not exceed Rs. 1 crore for cases covered by subclause (a) of clause (ii) of first proviso to section 194N | Amount of cash withdrawal which is in excess of Rs. 1 crore for cases covered by sub-clause (b) of clause (ii) of first proviso to Section 194N | Amount paid or credited | Tax | Surcharge | Education Cess | Total tax deduc ted [722+ 723 + 724] | Total tax deposited |
[714] | [715] | [716] | [717] | [718] | [719] | [720] | [720A] | [720B] | [720C] | [721] | [722] | [723] | [724] | [725] | [726] |
1 | |||||||||||||||
2 | |||||||||||||||
3 | |||||||||||||||
Total |
Date of deduction (dd/mm/yyyy) | Rate at which deducted | Reason for non-deduction/ lower deduction/ grossing up/ Higher Deduction (See notes1 to 10) | Number of the certificate issued by the Assessing Officer for non-deduction/ lower deduction | Whether the rate of TDS is as per IT Act • DTAA (b) | Nature of Remittance | Unique Acknowledgement of the corresponding Form No. 15CA, if available | Country to which remittance is made | Email ID of deductee | Contact number of deductee | Address of deductee in country of residence | Tax Identification Number/ Unique identification number of deductee |
[727] | [728] | [729] | [730] | [731] | [732] | [733] | [734] | 735 | 736 | 737 | 738 |
1 | |||||||||||
2 | |||||||||||
3 | |||||||||||
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.
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:
Section | Nature of Payment | Section Code |
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 |
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 to in section 194LD) | 96DA |
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.
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