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Core Purpose

The Income-tax (Ninth Amendment) Rules, 2024 amending the Income-tax Rules, 1962 to modify rules 31AA and 37-I and Form No. 27EQ concerning tax collected at source under section 206C of the Income-tax Act, 1961.

Detailed Summary

The Central Board of Direct Taxes, Ministry of Finance (Department of Revenue), issued a notification dated 16th October 2024 (G.S.R. 645(E)), in exercise of powers under section 295 read with section 206C of the Income-tax Act, 1961 (43 of 1961), promulgating the Income-tax (Ninth Amendment) Rules, 2024, amending the Income-tax Rules, 1962, effective from the date of publication. In rule 31AA(4), clause (vi) is amended to replace references to the "fourth proviso" and "fifth proviso" with the "fifth proviso" and "sixth proviso" respectively, and a new clause (viii) is inserted requiring furnishing of particulars of amounts received or debited on which tax was not collected, or was collected at a lower rate, under a notification issued pursuant to section 206C(12). Rule 37-I is amended to define the person from whom tax is collected as the "collectee" and to insert a new sub-rule (1A) permitting credit for tax collected at source to be given to a person other than the collectee where the collectee's income is assessable in that other person's hands, subject to a declaration filed with the collector containing the transferee's name, address and PAN, with the collector issuing the section 206C(3) certificate accordingly. Form No. 27EQ is also amended to insert a new Note 8A regarding cases of no or lower collection under a section 206C(12) notification. The Income-tax Rules, 1962 were originally published vide S.O. 969(E) dated 26th March 1962 and were last amended vide G.S.R. 639(E) dated 15th October 2024. The notification was issued under number 114/2024, file number 370142/21/2024-TPL, and signed by Khushboo Lather, Under Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-16102024-257956 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 589] NEW DELHI, WEDNESDAY, OCTOBER 16, 2024/ASVINA 24, 1946 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 16th October, 2024 G.S.R. 645(E). In exercise of the powers conferred by section 295 read with section 206C 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 (Ninth Amendment) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Income-tax Rules, 1962,— (a) in rule 31 AA, in sub-rule (4),— (i) in clause (vi),- (A) in sub-clause (b), for the words "fourth proviso", the words "fifth proviso" shall be substituted; (B) in sub-clause (c), for the words "fifth proviso", the words "sixth proviso" shall be substituted; (ii) in clause (vii), for the word, figures and letter "section 206C." occurring at the end, the word, figures and letter "section 206C;" shall be substituted; (iii) after clause (vii), the following clause shall be inserted, namely:- “(viii) furnish particulars of amount received or debited on which tax was not collected or tax was collected at a lower rate in view of any notification issued under sub-section (12) of section 206C."; (b) in rule 37-I,— (i) in sub-rule (1), after the words “has been collected", the brackets and words "(hereinafter referred to as the collectee)" shall be inserted; (ii) after sub-rule (1), the following sub-rule shall be inserted, namely :— “(1A) (a) Where under any provisions of the Act, the income of the collectee is assessable in the hands of any person other than the collectee, the credit for the tax collected at source, shall be given to such other person and not to the collectee: Provided that the collectee shall file a declaration with the collector and the collector shall report the tax collection in the name of the other person in the information relating to collection of tax referred to in sub-rule (1). (b) The declaration filed by the collectee under the proviso to clause (a) shall contain the name, address, permanent account number of the person to whom credit for the tax collectible at source is to be given, amount of payment in relation to which credit is to be given and reasons for giving credit to such person. (c) The collector shall issue the certificate for collection of tax at source under sub-section (3) of section 206C of the Act, in the name of the person in whose name credit is shown in the information relating to collection of tax referred to in sub-rule (1) and shall keep the declaration in his safe custody.”; (c) in Form No. 27EQ, in the Annexure, after Verification, in the Notes, after Note 8, the following Note shall be inserted, namely:- '8A. Write "J" if no collection or lower collection is in view of notification issued under sub-section (12) of section 206C.'. [No. 114/2024/F. No. 370142/21/2024-TPL] KHUSHBOO LATHER, Under Secy. Note : The Income-tax Rules, 1962 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 were last amended vide notification number G.S.R 639 (E), dated the 15th October, 2024. 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.

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