Income-tax (17th Amendment) Rules, 2004 - 288/2004 - Income Tax

Income-tax (17th Amendment) Rules, 2004 Notification No. 288 of 2004, dt. 1st Dec., 2004 S.O. 1316(E).- In exercise of the powers conferred by section 295 of 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, namely:- 1. (1) These rules may be called the Income-tax (17 th Amendment) Rules, 2004 (2) They shall come into force from the date of their publication in the Official Gazette. 2. In the Income-tax Rules, 1962,- (a) In rule 114B, - (A) the words "or General Index Register Number" wherever they occur shall be omitted (B) after Explanation to clause (k), the following clauses shall be inserted, namely:- (l) making an application to any banking company 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 card; m) payment of an amount of fifty thousand rupees or more to a Mutual Fund for purchase of its units; (n) payment of an amount of fifty thousand rupees or more to a company for acquiring shares issued by it; (o) payment of an amount of fifty thousand rupees or more to a company or an institution for acquiring debentures or bonds issued by it; (p) payment of an amount of fifty thousand rupees or more 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; (C) for the first proviso, second proviso and third proviso, the following provisos shall be substituted, namely:- Provided that where a person, making an application for opening an account referred to in clause (c) and clause (f) of 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 transaction referred to in said clause (c) and clause (f); Provided further that any person who does not have a permanent account number and who enters into any transaction specified in this rule, shall make a declaration in Form No. 60 giving therein the particulars of such transaction. (b) In rule 114C,- (A) in sub-rule(1), in the proviso to clause (a), the words, brackets and letters "clauses (a) to (k) of", shall be omitted; (B) in sub-rule (2),- (i) in clause (c), for the words, brackets, letters and figures "clause (c) or clause (i) or clause (j) of rule 114B", the words, brackets, letters and figures "clause (c) or clause (i) or clause (j) or clause (l) of rule 114B" shall be substituted; (ii) after clause (h), the following clauses shall be inserted, namely:- o (i) the principal officer of a company referred to in clause (l) or clause (n) or clause (o) of rule 114B; o (j) the principal officer of an institution referred to in clause (l) or clause (o) of rule 114B; o (k) any trustee or any other person duly authorised by the trustee of a Mutual Fund referred to in clause (m) of rule 114B; o (l) an officer of the Reserve Bank of India, constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); (iii) for the portion beginning with the words "who has received" and ending with the words "received by such person", the following shall be substituted, - "who has received any document relating to a transaction specified in rule 114B shall ensure after verification that permanent account number has been duly and correctly quoted therein. (c) For rule 114D, the following shall be substituted, namely: "Time and manner in which persons referred to in sub-rule (2) of rule 114C, shall furnish the copies of Form No. 60 and Form No. 61. 114D. (1) Every person referred to in sub-rule (2) of rule 114C shall forward to the Commissioner of Income-tax (Central Information Branch) having territorial jurisdiction over the area in which the transaction is entered into, the following documents, namely:- (a) copies of declaration in Form No. 60 referred to in the second proviso to rule 114B; (b) copies of declaration in Form No. 61 referred to in the proviso to clause (a) of sub-rule (1) of rule 114C: Provided that copies of declaration furnished in respect of transactions referred to in clause (f) of rule 114B shall not be furnished. (2) The copies of declaration in Form No. 60 and Form No. 61 referred to in sub-rule (1) shall be forwarded to the Commissioner of Income-tax (Central Information Branch) in two instalments, that is, the forms received upto 30 th September, shall be forwarded latest by 31 st October of that year and the forms received upto 31 st March shall be forwarded latest by 30 th April of that year. Furnishing of Annual Information Return. 114E. (1) The annual information return required to be furnished under sub-section (1) of section 285BA shall be furnished in form No. 65 and shall be verified in the manner indicated therein. (2) The return referred to in sub-rule (1) shall be furnished by every person mentioned in column (2) of the Table below in respect of all transactions of the nature and value specified in the corresponding entry in column (3) of the said Table, which are registered or recorded by him during a financial year beginning on or after the 1 st day of April, 2004:- Sl. No. Class of Person Nature and Value of Transaction (1) A Banking company 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). Cash deposits aggregating to ten lakh rupees or more in a year in any savings account of a person maintained in that bank. (2) A banking company 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. Payments made by any person against bills raised in respect of a credit card issued to that person, aggregating to two lakh rupees or more in the year. (3) 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 Receipt from any person of an amount of two lakh rupees or more for acquiring units of that fund (4) A Company or institution issuing bonds or debentures Receipt from any person of an amount of five lakh rupees or more for acquiring bonds or debentures issued by the Company or institution (5) A Company issuing shares through a public or rights issue. Receipts from any person of an amount of one lakh rupees or more for acquiring shares issued by the Company (6) Registrar or Sub-Registrar appointed under Section 6 of the Registration Act,1908 Purchase or sale by any person of immovable property valued at thirty lakh rupees or more (7) A person being an officer of the Reserve Bank of India, constituted under section 3 of the Reserve Bank of India Act,1934, who is duly authorized by Reserve Bank of India in this behalf Receipt from any person of an amount or amounts aggregating to five lakh rupees or more in a year for bonds issued by the Reserve Bank of India (3) The return referred to in sub-rule(1) shall be furnished to the commissioner of Income-Tax(Central Information Branch): Provided that where the Board has authorised an agency to receive such return on behalf of the commissioner of Income-Tax (Central Information Branch), the return shall be furnished to that agency. (4) (a) The return comprising Part A and Part B of Form No. 65 referred to in sub-rule (1) shall be furnished on computer readable media being a floppy (3.5 inch and 1.44 MB capacity) or CD-ROM (650 MB or higher capacity) or Digital Video Disc (DVD), along with part-A thereof on paper. The person responsibe for furnishing the return shall ensure that- (i) if the data relating to the return or statement is co pied using data compression or backup software utility, the corresponding software utility or procedure for its decompression or restoration shall also be furnished along with the computer media return or statement; (ii) the return is accompanied with a certificate regarding clean and virus free data. (5) The return referred to in sub-rule (1) shall be furnished on or before 31 st August, immediately following the financial year in which the transaction is registered or recorded. (6) The return referred to in sub-rule (1) shall be signed and verified by - (a) in a case where the person furnishing the return 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 column (2) of the Table below sub-rule (2);" (d) In appendix-II, - (A) for Form No. 60, the following Form shall be substituted, namely: (B) in Form No.61, in the heading, for the words, brackets, letters and figures "clauses (a) to (h) of rule 114B", the word, figures and letter "rule 114B" shall be substituted; (C) after Form No. 64, the following Form shall be inserted, namely:- Form 60 Form 65 INSTRUCTIONS FOR FILIING ANNUAL INFORMATION RETURN 1. (i) This return (Part A and Part B) be furnished on computer-readable media being a floppy (3.5 inch and 1.44 MB) or CD-ROM (650 MB or higher capacity) or Digital Video Disc, along with Part-A thereof on paper. (ii) In case the return filed is in a compressed format, it should be compressed using winzip 8.1 or ZipltFast 3.0 compression utility only. (iii) The return be filed in one CD/floppy/DVD and should not span across multiple floppies/CDs/DVDs. (iv) The return be accompanied with a certificate regarding clean and virus- free data. 2. Please do not use any abbreviation like Pvt., Ltd., etc. 3. PAN is not required to be given in item No. 2 (Part A) and item No. 2 (Part B) by - (i) Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908; (ii) a person being an officer of the Reserve Bank of India, constituted under section 3 of the Reserve Bank of India Act, 1934, who is authorised by the Reserve Bank of India for issue of bonds; 4. A Random Computer Generated Number (Folio Number) shall be allotted after filing of Annual Information Return for the first time. This number shall be quoted in item No. 3 (Part A) and item No. 3 (Part B) of the return for subsequent years. 5. State Code Codes Name of the State 01 ANDAMAN AND NICOBAR ISLANDS 02 ANDHRA PRADESH 03 ARUNACHAL PRADESH 04 ASSAM 05 BIHAR 06 CHANDIGARH 07 DADRA AND NAGAR HAVELI 08 DAMAN AND DIU 09 DELHI 10 GOA 11 GUJARAT 12 HARYANA 13 HIMACHAL PRADESH 14 JAMMU AND KASHMIR 15 KARNATAKA 16 KERALA 17 LAKHSWADEEP 18 MADHYA PRADESH 19 MAHARASHTRA 20 MANIPUR 21 MEGHALAYA 22 MIZORAM 23 NAGALAND 24 ORISSA 25 PONDICHERRY 26 PUNJAB 27 RAJASTHAN 28 SIKKIM 29 TAMILNADU 30 TRIPURA 31 UTTAR PRADESH 32 WEST BENGAL 33 CHATTISGARH 34 UTTARANCHAL 35 JHARKHAND 6. Codes in respect of transactions to be reported Sl.No Transaction Transaction code 1 Cash deposits aggregating to ten lakh rupees or more in a year in any savings account of a person maintained in a banking company 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). 001 2 Payment made by any person against bills raised in respect of a credit card aggregating to two lakh rupees or more in a year. 002 3 Receipt from any person of an amount of two lakh rupees or more for purchase of units of a Mutual Fund. 003 4 Receipt from any person of an amount of five lakh rupees or more for acquiring bonds or debentures issued by a company or institution. 004 5 Receipt from any person of an amount of one lakh rupees or more for acquiring shares issued by a company. 005 6 Purchase by any person of immovable property valued at thirty lakh rupees or more 006 7 Sale by any person of immovable property valued at thirty lakh rupees or more. 007 8 Receipt from any person of an amount of five lakh rupees or more in a year for investment in bonds issued by Reserve Bank of India. 008 Corrigenda to this Notification F No. 142/44/2003-TPL