Commodities Transaction Tax Rules, 2013 - 46/2013 - Income Tax

GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 46/2013 New Delhi, the 19 th June, 2013 COMMODITIES TRANSACTION TAX RULES, 2013 S.O. 1769 (E).- In exercise of the powers conferred by sub-sections (1) and (2) of section 133 of the Finance Act, 2013 (17 of 2013) , the Central Government hereby makes the following rules relating to commodities transaction tax, namely:- 1. Short title and commencement. ─ (1) These rules may be called the Commodities Transaction Tax Rules, 2013. (2) They shall come into force on the 1 st day of July, 2013. 2. Definitions. ─ (1) In these rules, unless the context otherwise requires,- (a) Act means the Finance Act, 2013 (17 of 2013) ; (b) authorised bank means any bank as may be appointed by the Reserve Bank of India as its agent under the provisions of sub-section (1) of section 45 of the Reserve Bank of India Act, 1934 (2 of 1934); (c) Form means a Form set out in the Appendix to these rules. (2) Words and expressions used and not defined in these rules but defined in the Act, the Forward Contracts (Regulation) Act, 1952 (74 of 1952), the Income-tax Act, 1961 (43 of 1961) , or the rules made thereunder, shall have the meanings respectively assigned to them in those Acts and rules. 3. Agricultural commodities. ─ For the purposes of clause (7) of section 116 of the Act , the agricultural commodities shall be the following, namely:- (i) Almond (ii) Barley (iii) Cardamom (iv) Castor Seed (v) Channa/Gram (vi) Copra (vii) Coriander/Dhaniya (viii) Cotton (ix) Cotton seed Oilcake/Kapasia Khali (x) Guar Seed (xi) Isabgul Seed (xii) Jeera (Cumin Seed) (xiii) Kapas (xiv) Maize Feed (xv) Pepper (xvi) Potato (xvii) Rape/Mustard Seed (xviii) Raw Jute (xix) Red Chilli (xx) Soya bean/seed (xxi) Soymeal (xxii) Turmeric (xxiii) Wheat 4. Rounding off value of taxable commodities transaction, commodities transaction tax, etc. ─ The value of taxable commodities transaction and the amount of commodities transaction tax, interest and penalty payable, and the amount of refund due, under the provisions of Chapter VII of the Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored. 5. Payment of commodities transaction tax. ─ Every recognised association, who is required to collect and pay commodities transaction tax under section 119 of the Act , shall pay the amount of such tax to the credit of the Central Government by remitting it into any branch of the Reserve Bank of India or of the State Bank of India or of any authorised Bank accompanied by a commodities transaction tax challan. 6. Return of taxable commodities transactions. ─ (1) The return of taxable commodities transactions required to be furnished under sub-section (1) of section 120 of the Act shall be in Form No. 1, verified in the manner indicated therein, and may be furnished in any of the following manners, namely:- (i) furnishing the return in paper form; (ii) furnishing the return electronically under digital signature: Provided that where the return is furnished in the manner provided in clause (i) the particulars required to be furnished in the Schedules to Form No. 1 referred to in sub-rule (1) shall be furnished on a computer media, in accordance with the following, - (a) the computer media conforms to the following specifications:- (i) CD ROM of 650 MB capacity or higher capacity; or (ii) Digital Video Disc; (b) if the data relating to the Schedules are copied using data compression or backup software utility, the corresponding software utility or procedure for its decompression or restoration shall also be furnished; and (c) the return shall be accompanied by a certificate regarding clean and virus free data. (2) The return of taxable commodities transaction entered into during a financial year shall be furnished on or before the 30th June immediately following that financial year. (3) The Director-General of Income-tax (Systems) shall specify the procedures, formats and standards for ensuring secure capture and transmission of data and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to furnishing the returns in the manners specified in clause (ii) of sub-rule (1). 7. Return by whom to be signed. ─ The return under sub-section (1) of section 120 of the Act shall be signed and verified in the case of a recognised association, ─ (i) being a company, by the managing director or a director thereof; and (ii) in any other case, by the principal officer thereof. 8. Time limit to be specified in the notice calling for return of taxable commodities transaction. ─ Where an assessee fails to furnish the return under sub-section (1) of section 120 of the Act within the time specified in sub-rule (2) of rule 6, the Assessing Officer may issue a notice to such person requiring him to furnish, within thirty days from the date of service of the notice, a return in the Form prescribed in rule 6 and verified in the manner indicated therein. 9. Notice of demand. ─ Where any tax, interest or penalty is payable in consequence of any order passed under the provisions of Chapter VII of the Act, the Assessing Officer shall serve upon the assessee a notice of demand in Form No. 2 specifying the sum so payable. 10. Prescribed time for refund of tax to the person from whom such amount was collected. ─ Every assessee, in case any amount is refunded to it on assessment under sub-section (2) of section 121 of the Act , shall, within thirty days from the date of receipt of such amount, refund the same to the concerned person from whom it was collected. 11. Form of appeal to Commissioner of Income-tax (Appeals). ─ (1) An appeal under sub-section (1) of section 129 of the Act to the Commissioner (Appeals) shall be made in Form No. 3. (2) The form of appeal prescribed by sub-rule (1), the grounds of appeal and the form of verification appended thereto relating to an assessee shall be signed and verified by the person who is authorised to sign the return of taxable commodities transactions under rule 7, as applicable to the assessee. 12. Form of appeal to Appellate Tribunal. ─ An appeal under sub-section (1) or subsection (2) of section 130 of the Act to the Appellate Tribunal shall be made in Form No. 4, and where the appeal is made by the assessee, the form of appeal, the grounds of appeal and the form of verification appended thereto shall be signed by the person specified in rule 7. APPENDIX FORM NO. 1 [See rule 6 of Commodities Transaction Tax Rules, 2013] RETURN OF TAXABLE COMMODITIES TRANSCATIONS CTTS-1 Please follow instructions. Use block letters only ACKNOWLEGMENT For Office Use only Receipt Date . .. 1. NAME OF THE RECOGNISED ASSOCIATION 2. ADDRESS OF THE RECOGNISED ASSOCIATION 3. PERMANENT ACCOUNT NUMBER (PAN) 4. FINANCIAL YEAR (TRANSCATIONS RELATING TO WHICH ARE REPORTED - 5. WARD/CIRCLE/RANGE [Schedule] (IN RS.) 6. VALUE OF TAXABLE COMMODITIES TRANSCATIONS (A [12]) [Schedule] (IN RS.) 7. TOTAL COMMODITIES TRANSCATION TAX COLLECTABLE (A [13]) 8. TOTAL COMMODITIES TRANSCATION TAX COLLECTED (B[4]) 9. TOTAL COMMODITIES TRANSCATION TAX PAID (B[5]) 10. COMMODITIES TRANSCATION TAX PAYABLE/ REFUNDABLE (7-9) 11. INTEREST PAYABLE UNDER SECTION 123 (B[6]) 12. INTEREST PAID (B[7]) VERIFICATION I, ________________________________ (full name in block letters), son/ daughter of _______________________ having permanent account number _________________ solemnly declare that to the best of my knowledge and belief the information given in this return and schedules accompanying it is correct and complete and that the total value of taxable commodities transactions and other particulars shown therein are truly stated and are in accordance with provisions of Chapter VII of the Finance Act, 2013 and Commodities Transaction Tax Rules, 2013. I further declare that I am making this return in my capacity as ____________________________ and I am also competent to make this return and verify it. Date ____________ Place ____________ (Name and Signature) SCHEDULE - A Sl. No. Clearing member code Member name Member Code PAN of member Details of intermediary, if any Client name Client PAN Unique client code Value of taxable commodities transactions (in Rs.) Commodities transaction tax collectible (in Rs.) Regulator/ FMC unique member code Association Member code Name PAN 1 2 3 4 5 6 7 8 9 10 11 12 13 TOTAL SCHEDULE B Month Value of taxable commodities transactions during the month Commodities transaction tax collectible (in Rs.) Commodities transaction tax collected (in Rs.) Commodities transaction tax paid (in Rs.) Interest payable u/s. 123 (in Rs.) Interest paid u/s. 123 (in Rs.) Particulars of payment of commodities transaction tax/ interest u/s. 123 Tax/ Interest (in Rs.) Name of the bank branch BSR code of bank branch Date of deposit Serial No. of challan Amount (in Rs.) 1 2 3 4 5 6 7 8 9 10 11 12 13 TOTAL TOTAL NOTES: 1. This Form must be used by a recognised association only. 2. Details required in Schedules A B may be furnished on computer media as specified in rule 6. 3. Details required in Schedules A B may be given separately for each Member/ Intermediary code and Clearing Member Code as the case may be. Particulars of Client Name, client PAN and unique client code should be given wherever available. 4. Details required in Schedule B may be given separately for each month giving sub- total for each month also. FORM NO. 2 [See rule 9 of Commodities Transaction Tax Rules, 2013] Notice of demand CTTS 2 To . .. Status PAN .. .. 1. This is to give you notice that for the financial year a sum of Rs. ... .., details of which are given on the reverse, has been determined to be payable by you. 2. The amount should be paid to the Manager, authorised Bank or State Bank of India or Reserve Bank of India at . within days of the service of this notice. The previous approval of the Additional/ Joint Commissioner of Income-tax has been obtained for allowing a period of less than 30 days for the payment of the above sum. A challan is enclosed for the purpose of payment. 3. If you do not pay the amount within the period specified above, you shall be liable to pay simple interest at one per cent for every month or part of a month from the date commencing after the end of the period aforesaid in accordance with section 220(2) of the Income-tax Act, 1961 read with section 128 of the Finance Act, 2013 . 4. If you do not pay the amount of the tax within the period specified above, penalty (which may be as much as the amount of tax in arrear) may be imposed upon you after giving you a reasonable opportunity of being heard in accordance with section 221 of the Income-tax Act, 1961 read with section 128 of the Finance Act, 2013 . 5. If you do not pay the amount within the period specified above, proceedings for the recovery thereof will be taken in accordance with sections 222 , 227 , 229 and 232 of the Income-tax Act, 1961 read with section 128 of the Finance Act, 2013 . 6. If you intend to appeal against the assessment or penalty, you may present an appeal under section 129 of the Finance Act, 2013 , to the Commissioner of Income-tax (Appeals) . within thirty days of the receipt of this notice, in Form No. 3 as prescribed in rule 11, duly stamped and verified as laid down in that form. 7. The amount has become due as a result of the order of the Commissioner of Income-tax (Appeals) under section 129 of the Finance Act, 2013 . If you intend to appeal against the aforesaid order, you may present an appeal under section 130 of the said Act to the Income-tax Appellate Tribunal within sixty days of the receipt of that order, in Form No. 4, as prescribed in rule 12, duly stamped and verified as laid down in that form. Place Date .. Assessing Officer .. Address Notes: 1. Delete inappropriate paragraphs and words. 2. If you wish to pay the amount by cheque, the cheque shall be drawn in favour of the Manager, authorised Bank or State Bank of India or Reserve Bank of India. 3. If you intend to seek extension of time for payment of the amount or propose to make the payment by installments, the application for such extension or as the case may be, permission to pay by installments, shall be made to the Assessing Officer before the expiry of the period specified in paragraph 2. Any request received after the expiry of the said period will not be entertained in view of the specific provisions of section 220(3) of the Income-tax Act, 1961. FORM NO. 3 [See rule 11 of Commodities Transaction Tax Rules, 2013] Appeal to the Commissioner of Income-tax (Appeals) Designation of the Commissioner (Appeals) CTTS 3 *No ..of 20 1. Name and address of the appellant 2. Permanent Account Number 3. Financial year in connection with which the appeal is preferred 4. Assessing Officer passing the order appealed against 5. Section and sub-section of Chapter VII of the Finance Act, 2013 , under which the Assessing Officer passed the order appealed against and the date of such order 6. Where the appeal relates to any assessment or penalty, the date of service of the relevant notice of demand 7. In any other case, the date of service of the intimation of the order appealed against 8. Section and sub-section of Chapter VII of the Finance Act, 2013 , under which the appeal is preferred 9. Where a return has been filed by the appellant for the financial year in connection with which the appeal is preferred, whether tax due on the value of taxable commodities transaction returned has been paid in full (if the answer is in the affirmative, give details of date of payment and amount paid) 10. Relief claimed in appeal 11. **Where an appeal in relation to any other financial year is pending in the case of the appellant with any Commissioner (Appeals), give the details as to the - (a) Commissioner (Appeals), with whom the appeal is pending; (b) Financial year in connection with which the appeal has been preferred; (c) Assessing Officer passing the order appealed against; (d) Section and sub-section of Chapter VII of the Finance Act, 2013 , under which the Assessing Officer passed the order appealed against and the date of such order 12. Address to which notices may be sent to the appellant .. Signed (Appellant) STATEMENT OF FACTS GROUNDS OF APPEAL .. Signed (Appellant) Form of Verification I, . ., the appellant, do hereby declare that what is stated above is true to the best of my information and belief. Verified today the .. day of Place . . . Signature Notes: 1. The form of appeal, grounds of appeal and the form of verification appended thereto shall be signed by a person in accordance with the provisions of rule 7 of Commodities Transaction Rules, 2013. 2. The memorandum of appeal, statement of facts and the grounds of appeal shall be in duplicate accompanied by a copy of the order appealed against and the notice of demand in original, if any. 3. Delete the inappropriate words. 4. *These particulars will be filled in in the office of the Commissioner (Appeals). 5. If the space provided herein is insufficient, separate enclosures may be used for the purpose. 6. **If appeals are pending in relation to more than one financial year, separate particulars in respect of each financial year may be given. 7. The memorandum of appeal shall be accompanied by a fee of one thousand rupees. 8. The fee should be credited in a branch of the authorised Bank or a branch of the State Bank of India or a branch of the Reserve Bank of India after obtaining a challan from the Assessing Officer. FORM NO. 4 [See rule 12 of Commodities Transaction Tax Rules, 2013] Form of appeal to the Appellate Tribunal CTTS 4 In the Income-tax Appellate Tribunal *Appeal No ..of 20 .. APPELLANT Versus RESPONDENT 1. The State in which the assessment was made 2. Section of Chapter VII of the Finance Act, 2013 under which the order appealed against was passed 3. The Commissioner (Appeals) passing the order appealed against 4. Financial year in connection with which the appeal is preferred 5. Total value of taxable commodities transactions declared by the assessee for the financial year referred to in item 4 6. Total value of taxable commodities transactions as computed by the Assessing Officer for the financial year referred to in item 4 7. The Assessing Officer passing the original order 8. Section of Chapter VII of Finance Act, 2013 under which the Assessing Officer passed the order 9. Date of communication of the order appealed against 10. Address to which notices may be sent to the appellant 11. Address to which notices may be sent to the respondent 12. Relief claimed in appeal GROUNDS OF APPEAL 1. 2. 3. 4. etc. . . Signed (Authorised representative, if any) Signed (Appellant) Verification I, ., the appellant, do hereby declare that what is stated above is true to the best of my information and belief. Verified today the .. day of Place . Signed Notes: 1. The memorandum of appeal shall be in triplicate accompanied by two copies (at least one of which should be a certified copy) of the order appealed against, two copies of the relevant order of the Assessing Officer, two copies of the grounds of appeal before the first appellate authority, two copies of the statement of facts, if any, filed before the said appellate authority. 2. The memorandum of appeal by an assessee under sub-section (1) of section 130 of Chapter VII of Finance Act, 2013 shall be accompanied by a fee of one thousand rupees. 3. The fee shall be credited in a branch of the authorised Bank or a branch of the State Bank of India or a branch of the Reserve Bank of India after obtaining a challan and the triplicate challan shall be sent to the Appellate Tribunal with a memorandum of appeal. The Appellate Tribunal shall not accept cheques, drafts, hundies or other negotiable instruments. 4. The memorandum of appeal shall be written in English or, if the appeal is filed in a Bench located in any such State as is for the time being notified by the President of the Appellate Tribunal for the purposes of rule 5A of the Income-tax (Appellate Tribunal) Rules, 1963 , then, at the option of the appellant, in Hindi, and shall set forth, concisely and under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively. 5. *The number and year of appeal will be filled in the office of the Appellate Tribunal. 6. Delete the inapplicable columns. If the space provided is found insufficient, separate enclosures may be used for the purpose. [F. No. 142/09/2013-TPL] (Gaurav Kanaujia) Director to the Government of India