GOVERNMENT
OF INDIA
MINISTRY
OF FINANCE
DEPARTMENT
OF REVENUE
CENTRAL
BOARD OF DIRECT TAXES
Notification
No. 95/2015
New
Delhi, the 30th December, 2015
S.O.
3545(E)– In exercise of the powers
conferred by section 139A, section 271FAA and section 285BA, 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.
(1) These rules may be called the Income–tax (22nd Amendment) Rules,
2015.
(2) Rules 114B, 114C and 114D shall come into force from the 1st day of
January, 2016 and rule 114E shall come into force from the 1st day of April,
2016.
2.
In the Income-tax Rules, 1962 (hereinafter referred to as the said rules), for
rules 114B, 114C, 114D and 114E, the following rules shall respectively be
substituted, namely:-
“114B.
Transactions in relation to which permanent account number is to be quoted in
all documents for the purpose of clause (c) of sub-section (5) of section
139A.-
Every
person shall quote his permanent account number in all documents pertaining to
the transactions specified in the Table below, namely:-
TABLE
|
Sl.No.
|
Nature
of transaction
|
Value
of transaction
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Sale or purchase of a motor
vehicle or vehicle, as defined in clause (28) of section 2 of the Motor
Vehicles Act, 1988 (59 of 1988) which requires registration by a registering
authority under Chapter IV of that Act, other than two wheeled vehicles.
|
All
such transactions.
|
|
2
|
Opening an account [other than a
time-deposit referred to at Sl. No.12 and a Basic Savings Bank Deposit Account]
with a banking company or a cooperative bank to which the Banking Regulation
Act, 1949 (10 of 1949), applies (including any bank or banking institution
referred to in section 51 of that Act).
|
All
such transactions.
|
|
3.
|
Making an application to any
banking company or a co-operative bank to which the Banking Regulation Act,
1949 (10 of 1949), applies (including any bank or banking institution
referred to in section 51 of that Act) or to any other company or
institution, for issue of a credit or debit card.
|
All
such transactions.
|
|
4.
|
Opening of a demat account with a
depository, participant, custodian of securities or any other person
registered under sub-section (1A) of section 12 of the Securities and
Exchange Board of India Act, 1992 (15 of 1992).
|
All
such transactions.
|
|
5.
|
Payment to a hotel or restaurant
against a bill or bills at any one time.
|
Payment in cash of an amount
exceeding fifty thousand rupees.
|
|
6.
|
Payment in connection with travel
to any foreign country or payment for purchase of any foreign currency at any
one time.
|
Payment in cash of an amount
exceeding fifty thousand rupees.
|
|
7.
|
Payment to a Mutual Fund for
purchase of its units.
|
Amount exceeding fifty thousand
rupees.
|
|
8.
|
Payment to a company or an
institution for acquiring debentures or bonds issued by it.
|
Amount exceeding fifty thousand
rupees.
|
|
9.
|
Payment to the Reserve Bank of
India, constituted under section 3 of the Reserve Bank of India Act, 1934 (2
of 1934) for acquiring bonds issued by it.
|
Amount exceeding fifty thousand
rupees.
|
|
10.
|
Deposit with a banking company or
a co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949),
applies (including any bank or banking institution referred to in section 51
of that Act).
|
Deposits in cash exceeding fifty
thousand rupees during any one day.
|
|
11.
|
Purchase of bank drafts or pay
orders or banker’s cheques from a banking company or a co-operative bank to
which the Banking Regulation Act, 1949 (10 of 1949), applies (including any
bank or banking institution referred to in section 51 of that Act).
|
Payment in cash for an amount
exceeding fifty thousand rupees during any one day.
|
|
12.
|
A time deposit with, –
(i) a banking company or a co-operative bank to which the
Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or
banking institution referred to in section 51 of that Act);
(ii) a Post Office;
(iii) a Nidhi referred to in section 406 of the Companies Act,
2013 (18 of 2013); or
(iv) a non-banking financial company which holds a certificate
of registration under section 45-IA of the Reserve Bank of India Act, 1934 (2
of 1934), to hold or accept deposit from public.
|
Amount exceeding fifty thousand
rupees or aggregating to more than five lakh rupees during a financial year.
|
|
13.
|
Payment for one or more pre-paid
payment instruments, as defined in the policy guidelines for issuance and
operation of pre-paid payment instruments issued by Reserve Bank of India
under section 18 of the Payment and Settlement Systems Act, 2007 (51 of
2007), to a banking company or a co-operative bank to which the Banking
Regulation Act, 1949 (10 of 1949), applies (including any bank or banking
institution referred to in section 51 of that Act) or to any other company or
institution.
|
Payment in cash or by way of a
bank draft or pay order or banker’s cheque of an amount aggregating to more
than fifty thousand rupees in a financial year.
|
|
14.
|
Payment as life insurance premium
to an insurer as defined in clause (9) of section 2 of the Insurance Act,
1938 (4 of 1938).
|
Amount aggregating to more than
fifty thousand rupees in a financial year.
|
|
15.
|
A contract for sale or purchase of
securities (other than shares) as defined in clause (h) of section 2
of the Securities Contracts (Regulation) Act, 1956 (42 of 1956).
|
Amount exceeding one lakh rupees
per transaction.
|
|
16.
|
Sale or purchase, by any person,
of shares of a company not listed in a recognised stock exchange.
|
Amount exceeding one lakh rupees
per transaction.
|
|
17.
|
Sale or purchase of any immovable
property.
|
Amount exceeding ten lakh rupees
or valued by stamp valuation authority referred to in section 50C of the Act
at an amount exceeding ten lakh rupees.
|
|
18.
|
Sale or purchase, by any person,
of goods or services of any nature other than those specified at Sl. No. 1 to
17 of this Table, if any.
|
Amount exceeding two lakh rupees
per transaction:
|
Provided
that where a person, entering into
any transaction referred to in this rule, is a minor and who does not have any
income chargeable to income-tax, he shall quote the permanent account number of
his father or mother or guardian, as the case may be, in the document
pertaining to the said transaction:
Provided further that any person who does not have a
permanent account number and who enters into any transaction specified in this
rule, he shall make a declaration in Form No.60 giving therein the particulars
of such transaction:
Provided
also that the provisions of this rule
shall not apply to the following class or classes of persons, namely:-
(i)
the Central Government, the State Governments and the Consular Offices;
(ii)
the non-residents referred to in clause (30) of section 2 of the Act in respect
of the transactions other than a transaction referred to at Sl. No. 1 or 2 or 4
or 7 or 8 or 10 or 12 or 14 or 15 or 16 or 17 of the Table.
Explanation.-For
the purposes of this rule,-
(1)
“payment in connection with travel” includes payment towards fare, or to a
travel agent or a tour operator, or to an authorised person as defined in
clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42 of
1999);
(2)
“travel agent or tour operator” includes a person who makes arrangements for
air, surface or maritime travel or provides services relating to accommodation,
tours, entertainment, passport, visa, foreign exchange, travel related
insurance or other travel related services either severally or in package;
(3)
“time deposit” means any deposit which is repayable on the expiry of a fixed
period.
114C.
Verification of Permanent Account Number in transactions specified in rule
114B.-
(1)
Any person being,-
(a)
a registering officer or an Inspector-General appointed under the Registration
Act, 1908 (16 of 1908);
(b)
a person who sells the immovable property or motor vehicle;
(c)
a manager or officer of a banking company or co-operative bank, as the case may
be, referred to at Sl. No. 2 or 3 or 10 or 11 or 12 or 13 of rule 114B;
(d)
post master;
(e)
stock broker, sub-broker, share transfer agent, banker to an issue, trustee of
a trust deed, registrar to issue, merchant banker, underwriter, portfolio
manager, investment adviser and such other intermediaries registered under
sub-section (1) section 12 of the Securities and Exchange Board of India Act,
1992 (15 of 1992);
(f)
a depository, participant, custodian of securities or any other person
registered under sub-section (1A) of section 12 of the Securities and Exchange
Board of India Act, 1992 (15 of 1992) referred to at Sl. No. 4 of rule 114B;
(g)
the principal officer of a company referred to at Sl. No. 3 or 4 or 8 or 12 or
13 or 15 or 16 of rule 114B;
(h)
the principal officer of an institution referred to at Sl. No. 2 or 3 or 8 or
10 or 11 or 12 or 13 of rule 114B;
(i)
any trustee or any other person duly authorised by the trustee of a Mutual Fund
referred to at Sl. No. 7 of rule 114B;
(j)
an officer of the Reserve Bank of India, constituted under section 3 of the
Reserve Bank of India Act, 1934 (2 of 1934), or of any agency bank authorised
by the Reserve bank of India;
(k)
a manager or officer of an insurer referred to at Sl. No. 14 of rule 114B, who,
in relation to a transaction specified in rule 114B, has received any document
shall ensure after verification that permanent account number has been duly and
correctly mentioned therein or as the case may be, a declaration in Form 60 has
been duly furnished with complete particulars.
(2)
Any person, being a person raising bills referred to at Sl. No. 5 or 6 or 18 of
rule 114B, who, in relation to a transaction specified in the said Sl. No., has
issued any document shall ensure after verification that permanent account
number has been correctly furnished and the same shall be mentioned in such
document, or as the case may be, a declaration in Form 60 has been duly
furnished with complete particulars.
114D.
Time and manner in which persons referred to in rule 114C shall furnish
a statement containing particulars of Form No. 60.-
(1)
Every person referred to in,-
(I)
clauses (b) to (k) of sub-rule (1) of rule 114C; and
(II)
sub-rule (2) of rule 114C and who is required to get his accounts audited under
section 44AB of the Act,
who
has received any declaration in Form No. 60, on or after the 1st day of
January, 2016, in relation to a transaction specified in rule 114B, shall-
(i)
furnish a statement in Form No. 61 containing particulars of such declaration
to the Director of Income-tax (Intelligence and Criminal Investigation) or the
Joint Director of Income-tax (Intelligence and Criminal Investigation) through
online transmission of electronic data to a server designated for this purpose
and obtain an acknowledgement number; and
(ii)
retain Form No. 60 for a period of six years from the end of the financial year
in which the transaction was undertaken.
(2)
The statement referred to in clause (i) of sub-rule (1) shall,-
(i)
where the declarations are received by the 30th September, be furnished by the
31st October of that year; and
(ii)
where the declarations are received by the 31st March, be furnished by the 30th
April of the financial year immediately following the financial year in which
the form is received.
(3)
The statement referred to in clause (i) of sub-rule (1) shall be verified-
(a)
in a case where the person furnishing the statement is an assessee as defined
in clause (7) of section 2 of the Act, by a person specified in section 140 of
the Act;
(b)
in any other case, by the person referred to in rule 114C.
114E.
Furnishing of statement of financial transaction.-
(1)
The statement of financial transaction required to be furnished under
sub-section (1) of section 285BA of the Act shall be furnished in respect of a
financial year in Form No. 61A and shall be verified in the manner indicated
therein.
(2)
The statement referred to in sub-rule (1) shall be furnished by every person
mentioned in column (3) of the Table below in respect of all the transactions
of the nature and value specified in the corresponding entry in column (2) of
the said Table in accordance with the provisions of sub-rule (3), which are
registered or recorded by him on or after the 1st day of April, 2016, namely:-
TABLE
|
Sl.No.
|
Nature
and value of transaction
|
Class
of person (reporting person)
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
(a) Payment made in cash for
purchase of bank drafts or pay orders or banker’s cheque of an amount
aggregating to ten lakh rupees or more in a financial year.
(b) Payments made in cash
aggregating to ten lakh rupees or more during the financial year for purchase
of pre-paid instruments issued by Reserve Bank of India under section 18 of
the Payment and Settlement Systems Act, 2007 (51 of 2007).
(c) Cash deposits or cash
withdrawals (including through bearer’s cheque) aggregating to fifty lakh
rupees or more in a financial year, in or from one or more current account of
a person.
|
A banking company or a
co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949)
applies (including any bank or banking institution referred to in section 51
of that Act).
|
|
2.
|
Cash deposits aggregating to ten
lakh rupees or more in a financial year, in one or more accounts (other than
a current account and time deposit) of a person.
|
(i) A banking company or a
co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949)
applies (including any bank or banking institution referred to in section 51
of that Act);
(ii) Post Master General as
referred to in clause (j) of section 2 of the Indian Post Office Act, 1898 (6
of 1898).
|
|
3.
|
One or more time deposits (other
than a time deposit made through renewal of another time deposit) of a person
aggregating to ten lakh rupees or more in a financial year of a person.
|
(i) A banking company or a
co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949)
applies (including any bank or banking institution referred to in section 51
of that Act);
(ii) Post Master General as
referred to in clause (j) of section 2 of the Indian Post Office Act, 1898 (6
of 1898);
(iii) Nidhi referred to in section
406 of the Companies Act, 2013 (18 of 2013); (iv) Non-banking financial
company which holds a certificate of registration under section 45-IA of the
Reserve Bank of India Act, 1934 (6 of 1934), to hold or accept deposit from
public.
|
|
4.
|
Payments made by any person of an
amount aggregating to-
(i) one lakh rupees or more in
cash; or
(ii) ten lakh rupees or more by
any other mode,
against bills raised in respect of
one or more credit cards issued to that person, in a financial year.
|
A banking company or a
co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949)
applies (including any bank or banking institution referred to in section 51
of that Act) or any other company or institution issuing credit card.
|
|
5.
|
Receipt from any person of an
amount aggregating to ten lakh rupees or more in a financial year for
acquiring bonds or debentures issued by the company or institution (other
than the amount received on account of renewal of the bond or debenture
issued by that company).
|
A company or institution issuing
bonds or debentures.
|
|
6.
|
Receipt from any person of an
amount aggregating to ten lakh rupees or more in a financial year for
acquiring shares (including share application money) issued by the company.
|
A company issuing shares.
|
|
7.
|
Buy back of shares from any person
(other than the shares bought in the open market) for an amount or value
aggregating to ten lakh rupees or more in a financial year.
|
A company listed on a recognised
stock exchange purchasing its own securities under section 68 of the
Companies Act, 2013 (18 of 2013).
|
|
8.
|
Receipt from any person of an
amount aggregating to ten lakh rupees or more in a financial year for
acquiring units of one or more schemes of a Mutual Fund (other than the
amount received on account of transfer from one scheme to another scheme of
that Mutual Fund).
|
A trustee of a Mutual Fund or such
other person managing the affairs of the Mutual Fund as may be duly
authorised by the trustee in this behalf.
|
|
9.
|
Receipt from any person for sale
of foreign currency including any credit of such currency to foreign exchange
card or expense in such currency through a debit or credit card or through
issue of travellers cheque or draft or any other instrument of an amount
aggregating to ten lakh rupees or more during a financial year.
|
Authorised person as referred to
in clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42
of 1999).
|
|
10.
|
Purchase or sale by any person of
immovable property for an amount of thirty lakh rupees or more or valued by
the stamp valuation authority referred to in section 50C of the Act at thirty
lakh rupees or more.
|
Inspector-General appointed under
section 3 of the Registration Act, 1908 or Registrar or Sub-Registrar
appointed under section 6 of that Act.
|
|
11.
|
Receipt of cash payment exceeding
two lakh rupees for sale, by any person, of goods or services of any nature
(other than those specified at Sl. No. 1 to 10 of this rule, if any.
|
Any person who is liable for audit
under section 44AB of the Act.
|
(3)
The reporting person mentioned in column (3) of the Table under sub-rule (2)
(other than the person at Sl.No.9) shall, while aggregating the amounts for
determining the threshold amount for reporting in respect of any person as
specified in column (2) of the said Table,-
(a)
take into account all the accounts of the same nature as specified in column
(2) of the said Table maintained in respect of that person during the financial
year;
(b)
aggregate all the transactions of the same nature as specified in column (2) of
the said Table recorded in respect of that person during the financial year;
(c)
attribute the entire value of the transaction or the aggregated value of all the
transactions to all the persons, in a case where the account is maintained or
transaction is recorded in the name of more than one person;
(d)
apply the threshold limit separately to deposits and withdrawals in respect of
transaction specified in item (c) under column (2), against Sl. No. 1 of the
said Table.
(4)(a)
The return in Form No. 61A referred to in sub-rule (1) shall be furnished to
the Director of Income-tax (Intelligence and Criminal Investigation) or the
Joint Director of Income-tax (Intelligence and Criminal Investigation) through
online transmission of electronic data to a server designated for this purpose
under the digital signature of the person specified in sub-rule (7) and in
accordance with the data structure specified in this regard by the Principal
Director General of Income-tax (Systems):
Provided that in case of a reporting person, being a Post Master
General or a Registrar or an Inspector General referred to in sub-rule (2), the
said return in Form 61A may be furnished in a computer readable media, being a
Compact Disc or Digital Video Disc (DVD), alongwith the verification in Form-V
on paper.
Explanation.-For
the purposes of this sub-rule, “digital signature” means a digital signature
issued by any Certifying Authority authorised to issue such certificates by the
Controller of Certifying Authorities.
(b)
Principal Director General of Income-tax (Systems) shall specify the
procedures, data structures and standards for ensuring secure capture and
transmission of data, evolving and implementing appropriate security, archival
and retrieval policies.
(c)
The Board may designate an officer as Information Statement Administrator, not
below the rank of a Joint Director of Income-tax for the purposes of day to day
administration in relation to the furnishing of returns or statements.
(5)
The statement of financial transactions referred to in sub-rule (1) shall be
furnished on or before the 31st May, immediately following the financial year
in which the transaction is registered or recorded.
(6)
(a) Every reporting person mentioned in column (3) of the Table under sub-rule
(2) shall communicate to the Principal Director General of Income-tax (Systems)
the name, designation, address and telephone number of the Designated Director
and the Principal Officer and obtain a registration number.
(b)
It shall be the duty of every person specified in column (3) of the Table under
sub-rule (2), its Designated Director, Principal Officer and employees to
observe the procedure and the manner of maintaining information as specified by
its regulator and ensure compliance with the obligations imposed under section
285BA of the Act and rules 114B to 114D and this rule.
Explanation
1.- “Designated Director” means a person designated by the reporting person to
ensure overall compliance with the obligations imposed under section 285BA of
the Act and the rules 114B to 114D and this rule and includes-
(i)
the Managing Director or a whole-time Director, as defined in the Companies
Act, 2013 (18 of 2013), duly authorised by the Board of Directors if the
reporting person is a company;
(ii)
the managing partner if the reporting person is a partnership firm;
(iii)
the proprietor if the reporting person is a proprietorship concern;
(iv)
the managing trustee if the reporting person is a trust;
(v)
a person or individual, as the case may be, who controls and manages the
affairs of the reporting entity if the reporting person is, an unincorporated
association or, a body of individuals or, any other person.
Explanation
2.- “Principal Officer” means an officer designated by the reporting person
referred to in the Table in sub-rule (2).
Explanation
3.- “Regulator” means a person or an authority or a Government which is vested
with the power to license, authorise, register, regulate or supervise the
activity of the reporting person referred to in the Table in sub-rule (2).
(7)
The statement of financial transaction referred to in sub-rule (1) shall be
signed, verified and furnished by the Designated Director specified in sub-rule
(6):
Provided
that where the reporting person is a
non-resident, the statement may be signed, verified and furnished by a person
who holds a valid power of attorney from such Designated Director”.
3.
In the said rules, in Appendix-II, for “Forms 60, 61 and 61A” the following
“Forms 60, 61 and 61A” shall respectively be substituted, namely:-
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