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TMI BlogEqualisation levy (Amendment) Rules, 2020X X X X Extracts X X X X X X X X Extracts X X X X ..... eral of Income-tax (Systems), as the case may be;'. 3. In the said rules, in rule 3,- (a) in the heading, the words "for specified services" shall be omitted; (b) for the words "The amount of consideration, for specified services and", the words, "The amount of consideration" shall be substituted. 4. In the said rules, for rules 4 and 5, the following shall be substituted, namely:- "4. Payment of Equalisation levy. ─ The assessee or e-commerce operator, as the case may be, who are required to deduct and pay equalisation levy, shall pay the amount of such levy, by remitting it into the Reserve Bank of India or in any branch of the State Bank of India or of any authorised Bank accompanied by an equalisation levy challan. 5. Statement of specified services or e-commerce supply or services. ─ (1) The statement required to be furnished under sub-section (1) or sub-section (2) of section 167 of the Act shall be in Form No. 1, duly verified in the manner indicated therein, and may be furnished by the assessee or e-commerce operator, as the case may be, in the following manner, namely:- (i) electronically under digital signature; or (ii) electronically through ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... responsible for formulating and implementing appropriate security, archival and retrieval policies in relation to the said form so furnished.". 8. In the said rules, in rule 9, for the word "assessee" at both the places where they occur, the words "assessee or e-commerce operator, as the case may be" shall be substituted. 9. In the said rules in the APPENDIX, - (a) for Form No. 1, the following Form shall be substituted, namely: - "FORM NO. 1 [See rule 5 of Equalisation levy Rules, 2016] Statement of Specified Services or E-Commerce Supply or Services EL-1 ACKNOWLEDGEMENT For Office use only Receipt No. ………….. Date …………… Please follow instructions. Use block letters only. I. Please tick (✔) from the following which is applicable: Assessee E-Commerce Operator II. (i) Statement filed under: Section 167(1)/ 167(2) (Belated/ Revised)/ 167(3) (ii) Document Identification Number, if filed u/s 167(3): ……………. 1. NAME 2. ADDRESS 3. PERMANENT ACCOUNT NUMBER/ AADHAAR 4. FINANCIAL YEAR 5. WARD/ CIRCLE/ RANGE (IN RS.) 6. TOTAL AMOUNT OF CONSIDERATION ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Chapter VIII of the Finance Act, 2016) 3. "E-commerce operator" means a non-resident who owns, operates or manages digital or electronic facility or platform for online sale of goods or online provision of services or both, and is required to pay equalisation levy under section 166A of the Chapter VIII of the Finance Act, 2016. 4. This Form is to be furnished and verified by- (i) in case of an Individual or HUF, the person authorised to verify, the return of income under section 140 of the Income-tax Act, 1961; (ii) in case of company, the person authorised to verify the return of income under section 140 of the Income-tax Act, 1961 or the Principal Officer; (iii) in any other case; the Principal Officer." (b) in Form No. 2, (i) at para 6, for the words and figure "rule 8, duly stamped and verified as laid down in that form", the words and figures "rule 8 of the Equalisation levy Rules, 2016" shall be substituted; (ii) at para 7, for the words and figure "rule 9, duly stamped and verified as laid down in that form", the words and figures "rule 9 of the Equalisation Rules, 2016" shall be substituted. (c) for Form No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of my information and belief. Verified today the …………………. Day of ………………… Place ……………… Date ……………… …………………. Signature Notes: 1. The form of appeal shall be verified by a person who is authorised to verify the statement of specified services or e-commerce supply or services in Form No. 1. 2. *These particulars will be filled in the office of the Commissioner (Appeals). 3. **If appeals are pending in relation to more than one financial year, separate particulars in respect of each financial year may be given. 4. The memorandum of appeal shall be accompanied by a fee of one thousand rupees. 5. 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." (d) for Form No. 4, the following Form shall be substituted, namely:- "FORM NO. 4 [see rule 9 of Equalisation levy Rules, 2016] Form of Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 under sub-section (1) of section 175 of Chapter VIII of Finance Act, 2016 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 instrument. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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