Section 195 of the Income Tax Act, 1961
This query is : Open
Querist : Anonymous
Querist :
Anonymous
(Querist)
25 November 2009
Last YEAR LONG TERM CAPITAL GAIN rS. 20 LACS, my client invested Rs. 25 lacs in eligible investment of 54EC. Whether he can use 5 lac excess investment against to current year long term capital gain.
25 November 2009
Can anyone give explnatory note on the section 195 amedment on issue of For. no.15CA and Form no.15CB ?
Whether these forms to be issued in all cases or only the cases of TDS liability ?
I have received the reply from Shri Aditya Maheshwari . That means the forms should be subitted even there is no TDS liability i.e. even in the case of purchases and sales ( exports and imports ) of materials where no TDS liability arises, then also Forms 15CA and Form 15CB should be submitted.
Whether these forms to be issued in all cases or only the cases of TDS liability ?
I have received the reply from Shri Aditya Maheshwari . That means the forms should be subitted even there is no TDS liability i.e. even in the case of purchases and sales ( exports and imports ) of materials where no TDS liability arises, then also Forms 15CA and Form 15CB should be submitted.
25 November 2009
U/s 54EC deduction can be allowed only if gains invested after date of transfer not otherwise
25 November 2009
The other answer
Procedure for furnishing information under sub-section (6) of section 195 of the Income-tax Act, 1961 read with rule 37BB of the Income-tax Rules, 1962.
General
•Form 15CA should be used for furnishing information of remittances in e-mode in accordance with the provisions of section 195 (6) of the Income-tax Act, 1961. The information should be furnished after obtaining a certificate in Form 15CB from an accountant as defined in the Explanation to section 288 of the Income-tax Act, 1961. The print out Form 15CA should be signed and submitted to the Reserve Bank of India/authorized dealer prior to remitting the payment.
•The Form should be furnished at the website of the Tax Information Network www.tin-nsdl.com.
•Fields marked with (*) are mandatory.
•Select the values from the drop down wherever provided.
•Each transaction detail should be filled in separately.
Guidelines for Part A of Form 15CA:
Remitter:
•Permanent Account Number (PAN) and Tax Deduction and collection Account Number (TAN) allotted by the Income Tax Department should be mentioned. TAN is mandatory in cases where-
â—¦tax has been deducted or will be deducted at source;
â—¦the remitter has obtained an order under section 195 (2) of the Income-tax Act from the Assessing Officer.
•In case an invalid PAN and/or TAN is filled in by the remitter, the Form will not be generated.
•In case the remitter does not have a TAN, it is mandatory to quote PAN of the remitter.
•PAN of the remitter should invariably be given. However, the same is mandatory if status of entity is Company or Firm. If PAN is not given in such cases, the remitter will not be allowed to generate the Form.
•Details in at least two address fields for remitter shoule be mentioned.
•Name of the entity should be mentioned in the “Name of remitter†field.
•No value is to be provided in Area code, AO type, Range code & AO number. The fields will be entered by the system after validating the PAN and/or TAN.
•Email id and mobile no., if any, should be provided.
Recipient of remittance:
•Complete address of recipient of remittance, separated by coma, should be provided.
•PAN, allotted by the Indian Income Tax Department should be mentioned.
•If status of entity is “companyâ€, then provide type of company i.e., “domestic†or “other than domesticâ€.
•In the field “ Principal Place of Businessâ€, the country of tax residence of the recipient of the remittance should be mentioned.
Information for accountant
•Enter name of the Chartered Accountant in the field “Name of the accountantâ€.
•Details in at least two address fields should be mentioned.
•Date of certificate should not be a future date.
•Registration no. should be numeric.
•Details of accountant are not required if point no. 15 is selected i.e. any order u/s 195 (2)/ 195 (3)/ 197 of the Income-tax Act has been obtained from Assessing Officer.
•Certificate number is an alphanumeric field.
Guidelines for PART B of the Form (Particulars of Remittance and TDS)
•Provide the values as per the accountant certificate obtained in Form 15CB.
•In case name of the country is not available in drop down list, select value “other†from the drop down and provide name of the country.
•In case currency name is not available in drop down then select value â€other†from the drop down and provide name of the currency.
•Proposed date of remittance should be current date or a future date.
•Amount of TDS should be less than amount of remittance.
•Actual amount of remittance after TDS should be less than amount of remittance.
•BSR code of the bank through which the remittance is made should be mentioned.
•Rate of TDS as per DTAA (if applicable) should be mentioned upto two decimal places.
•Amount should be mentioned upto 2 decimal places.
•Select any one out of fields 12, 13, 14 and 16. One form is to be filled for one type of remittance.
•Details of “responsible person†should be mentioned for verification.
•If no tax has been deducted then value “0.00†should be mentioned in “Amount of TDS†field (foreign currency and Indian Rs.)
•Value for “rate of deduction as per the Income-tax Act†should be “0.00†if no tax has been deducted and “amount of TDS in Indian and foreign currency†should be “0.00â€.
Generation of Form 15CA
•After filling up the information, click “submitâ€. On submission of details if system shows any errors, rectify and re-submit the form.
•A confirmation screen with all the data filled by the user will be displayed. The same can be either confirmed or edited.
•On confirmation, a filled up Form 15CA with an acknowledgement number will be displayed. Print out of the Form should be taken, signed and submitted prior to remitting the payment.
•Form 15CA can be re-printed by selecting the re-print option. For re-printing, please enter “acknowledgement no.â€, “PAN†and/or “TAN†mentioned in the Form.
Procedure for furnishing information under sub-section (6) of section 195 of the Income-tax Act, 1961 read with rule 37BB of the Income-tax Rules, 1962.
General
•Form 15CA should be used for furnishing information of remittances in e-mode in accordance with the provisions of section 195 (6) of the Income-tax Act, 1961. The information should be furnished after obtaining a certificate in Form 15CB from an accountant as defined in the Explanation to section 288 of the Income-tax Act, 1961. The print out Form 15CA should be signed and submitted to the Reserve Bank of India/authorized dealer prior to remitting the payment.
•The Form should be furnished at the website of the Tax Information Network www.tin-nsdl.com.
•Fields marked with (*) are mandatory.
•Select the values from the drop down wherever provided.
•Each transaction detail should be filled in separately.
Guidelines for Part A of Form 15CA:
Remitter:
•Permanent Account Number (PAN) and Tax Deduction and collection Account Number (TAN) allotted by the Income Tax Department should be mentioned. TAN is mandatory in cases where-
â—¦tax has been deducted or will be deducted at source;
â—¦the remitter has obtained an order under section 195 (2) of the Income-tax Act from the Assessing Officer.
•In case an invalid PAN and/or TAN is filled in by the remitter, the Form will not be generated.
•In case the remitter does not have a TAN, it is mandatory to quote PAN of the remitter.
•PAN of the remitter should invariably be given. However, the same is mandatory if status of entity is Company or Firm. If PAN is not given in such cases, the remitter will not be allowed to generate the Form.
•Details in at least two address fields for remitter shoule be mentioned.
•Name of the entity should be mentioned in the “Name of remitter†field.
•No value is to be provided in Area code, AO type, Range code & AO number. The fields will be entered by the system after validating the PAN and/or TAN.
•Email id and mobile no., if any, should be provided.
Recipient of remittance:
•Complete address of recipient of remittance, separated by coma, should be provided.
•PAN, allotted by the Indian Income Tax Department should be mentioned.
•If status of entity is “companyâ€, then provide type of company i.e., “domestic†or “other than domesticâ€.
•In the field “ Principal Place of Businessâ€, the country of tax residence of the recipient of the remittance should be mentioned.
Information for accountant
•Enter name of the Chartered Accountant in the field “Name of the accountantâ€.
•Details in at least two address fields should be mentioned.
•Date of certificate should not be a future date.
•Registration no. should be numeric.
•Details of accountant are not required if point no. 15 is selected i.e. any order u/s 195 (2)/ 195 (3)/ 197 of the Income-tax Act has been obtained from Assessing Officer.
•Certificate number is an alphanumeric field.
Guidelines for PART B of the Form (Particulars of Remittance and TDS)
•Provide the values as per the accountant certificate obtained in Form 15CB.
•In case name of the country is not available in drop down list, select value “other†from the drop down and provide name of the country.
•In case currency name is not available in drop down then select value â€other†from the drop down and provide name of the currency.
•Proposed date of remittance should be current date or a future date.
•Amount of TDS should be less than amount of remittance.
•Actual amount of remittance after TDS should be less than amount of remittance.
•BSR code of the bank through which the remittance is made should be mentioned.
•Rate of TDS as per DTAA (if applicable) should be mentioned upto two decimal places.
•Amount should be mentioned upto 2 decimal places.
•Select any one out of fields 12, 13, 14 and 16. One form is to be filled for one type of remittance.
•Details of “responsible person†should be mentioned for verification.
•If no tax has been deducted then value “0.00†should be mentioned in “Amount of TDS†field (foreign currency and Indian Rs.)
•Value for “rate of deduction as per the Income-tax Act†should be “0.00†if no tax has been deducted and “amount of TDS in Indian and foreign currency†should be “0.00â€.
Generation of Form 15CA
•After filling up the information, click “submitâ€. On submission of details if system shows any errors, rectify and re-submit the form.
•A confirmation screen with all the data filled by the user will be displayed. The same can be either confirmed or edited.
•On confirmation, a filled up Form 15CA with an acknowledgement number will be displayed. Print out of the Form should be taken, signed and submitted prior to remitting the payment.
•Form 15CA can be re-printed by selecting the re-print option. For re-printing, please enter “acknowledgement no.â€, “PAN†and/or “TAN†mentioned in the Form.
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