INCOME-TAX (FOURTEENTH AMENDMENT) RULES, 2013 - SUBSTITUTION OF RULE 37BB AND FORM NOS. 15CA AND 15CB
NOTIFICATION NO. 67/2013 [F. NO. 149/119/2012-SO (TPL)]/SO 2659(E), DATED 2-9-2013
Furnishing of information by the person responsible for making any payment including any interest or salary or any other sum chargeable to tax, to a non-resident, not being a company, or to a foreign company—(1) Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest or salary or any other sum chargeable to tax under the provisions of the Act, shall furnish the following, namely:—
(i) |
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the information in Part A of Form No.15CA, if the amount of payment does not exceed fifty thousand rupees and the aggregate of such payments made during the financial year does not exceed two lakh fifty thousand rupees; |
(ii) |
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the information in Part B of Form No.15CA for payments other than the payments referred in clause (i) after obtaining— |
(a) |
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a certificate in Form No. 15CB from an accountant as defined in the Explanation below sub-section (2) of section 288; or |
(b) |
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a certificate from the Assessing Officer under section 197; or |
(c) |
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an order from the Assessing Officer under sub-section (2) or sub-section (3) of section 195.
Explanation 2.—For the removal of doubts, it is hereby clarified that for payments of the nature specified in column (3) of the specified list below, no information is required to be furnished under sub-rule (1).
SPECIFIED LIST
|
Sl.No. |
Purpose code as per RBI |
Nature of payment |
|
(1) |
(2) |
(3) |
|
1 |
S0001 |
Indian investment abroad -in equity capital (shares) |
|
2 |
S0002 |
Indian investment abroad -in debt securities |
|
3 |
S0003 |
Indian investment abroad -in branches and wholly owned subsidiaries |
|
4 |
S0004 |
Indian investment abroad -in subsidiaries and associates |
|
5 |
S0005 |
Indian investment abroad -in real estate |
|
6 |
S0011 |
Loans extended to Non-Residents |
|
7 |
S0202 |
Payment- for operating expenses of Indian shipping companies operating abroad. |
|
8 |
S0208 |
Operating expenses of Indian Airlines companies operating abroad |
|
9 |
S0212 |
Booking of passages abroad -Airlines companies |
|
10 |
S0301 |
Remittance towards business travel. |
|
11 |
S0302 |
Travel under basic travel quota (BTQ) |
|
12 |
S0303 |
Travel for pilgrimage |
|
13 |
S0304 |
Travel for medical treatment |
|
14 |
S0305 |
Travel for education (including fees, hostel expenses etc.) |
|
15 |
S0401 |
Postal services |
|
16 |
S0501 |
Construction of projects abroad by Indian companies including import of goods at project site |
|
17 |
S0602 |
Freight insurance - relating to import and export of goods |
|
18 |
S1011 |
Payments for maintenance of offices abroad |
|
19 |
S1201 |
Maintenance of Indian embassies abroad |
|
20 |
S1 202 |
Remittances by foreign embassies in India |
|
21 |
S1301 |
Remittance by non-residents towards family maintenance and-savings |
|
22 |
S1302 |
Remittance towards personal gifts and donations |
|
23 |
S1303 |
Remittance towards donations to religious and charitable institutions abroad |
|
24 |
S1304 |
Remittance towards grants and donations to other Governments and charitable institutions established by the Governments. |
|
25 |
S1305 |
Contributions or donations by the Government to international institutions |
|
26 |
S1306 |
Remittance towards payment or refund of taxes. |
|
27 |
S1501 |
Refunds or rebates or reduction in invoice value on account of exports |
|
28 |
S1503 |
Payments by residents for international bidding".
|
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So, in my opinion CA certificate is not required in your client's case.