Quarterly statement of TDS - virtual digital asset (VDA) - Income-tax (20th Amendment) Rules, 2022 - Amends Rule 31A and inserts Form 26QE - 73/2022 - Income Tax

MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION NO. 73/2022 New Delhi, the 30th June, 2022 INCOME-TAX G.S.R. 482(E) .-In exercise of the powers conferred by section 295 read with section 194S 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 (20th Amendment) Rules, 2022. (2) They shall come into force from 1st day of July, 2022. 2. In the Income-tax Rules, 1962 (hereinafter referred to as the principal rules), in rule 31A , (i) after sub-rule (1), the following shall be inserted, namely:- Provided that where the 1 [ Exchange ] has, in accordance with the guidelines issued under sub-section (6) of section 194S, agreed to pay tax in relation to a transaction of transfer of a virtual digital asset, owned by it as an alternative to tax required to be deducted by the buyer of such asset under section 194S, the Exchange shall deliver or cause to be delivered, a quarterly statement of such transactions in Form No. 26QF to the Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) or the person authorised by the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems). Explanation: For the purposes of this sub-rule, (i) Exchange means a person that operates an application or platform for 2 [ transfer ] of virtual digital assets, which matches buy and sell trades and execute the same on their application or platform; (ii) virtual digital asset shall have same meaning as assigned to it in clause (47A) of section 2. (ii) after sub-rule (4D), the following sub-rule shall be inserted, namely, 3 [ (4E) The Exchange referred to in sub-rule (1) shall, at the time of preparing the quarterly statement in Form No. 26QF, furnish particulars of amount paid or credited on which tax was not deducted in accordance ] with guidelines issued under sub-section (6) of section 194S. . 3. In the principal rules , in Appendix II , after Form No. 26QE, the following Form shall be inserted, namely: Form No. 26QF Quarterly statement of tax deposited in relation to transfer of virtual digital asset under section 194S to be furnished by an 4 [Exchange ] for the quarter ending .June/September/ December/ March [section 194S, rule 31A(1) and (4E)] 1. Name of the Exchange : 2. Address of the Exchange : 3. PAN : 4. Financial year : 5. Details of transactions : (A) Details of tax 5 [ paid ] with respect of transactions referred to in proviso to sub-rule (1) of rule 31A: S. No. Name of buyer/ broker Address of buyer/ broker PAN of buyer/ broker Date of trans-action Value of VDA bought by buyer/ broker No. of VDA bought by buyer/ broker Total consi-deration 1% of total cons-ideration Reflected in tax payment made on (date of tax payment ) Challan details BSR code of bank branch Amount paid (in Rs.) Challan serial number 1. 2. 3. (B) Details of transactions on which tax was not deducted in accordance with the guidelines 6 [ issued ] under sub-section (6) of section 194S S. No. Name of broker Address of broker PAN of broker TAN of broker Date of transaction Value of VDA bought by buyer No. of VDA bought by buyer Total consideration paid/ credited Verification I , in my capacity as of ..do hereby certify that the information 7 [ furnished ] above is correct and complete. Place: ............................... Date: .............................. Signature of the person Name and designation. . [F. No. 370142/29/2022-TPL (Part-I)] ANKIT JAIN, Under Secy. 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 was last amended vide notification number G.S.R. 463(E) dated 21.06.2022 . ************** NOTES:- 1. Corrected vide NOTIFICATION NO. 77/2022 dated 01-07-2022 before it was read as, exchange 2. Corrected vide NOTIFICATION NO. 77/2022 dated 01-07-2022 before it was read as, transferring 3. Corrected vide NOTIFICATION NO. 77/2022 dated 01-07-2022 before it was read as, (4E) The exchange referred to sub-rule (1) shall, at the time of preparing of quarterly statement in Form No. 26QF, furnish particulars of account paid or credited on which tax was not deducted in accordance 4. Corrected vide NOTIFICATION NO. 77/2022 dated 01-07-2022 before it was read as, exchange 5. Corrected vide NOTIFICATION NO. 77/2022 dated 01-07-2022 before it was read as, pain 6. Corrected vide NOTIFICATION NO. 77/2022 dated 01-07-2022 before it was read as, issues 7. Corrected vide NOTIFICATION NO. 77/2022 dated 01-07-2022 before it was read as, produced