[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (ii)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]
Notification
New Delhi, the 5th day of August, 2013
INCOME-TAX
S.O. 2364 (E).- In exercise of the powers conferred by sub-section (2) of section 115U
read with section 295 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.
(1) These rules may be called the Income-tax ( 13th Amendment) Rules, 2013.
(2) They shall come into force on the date of their publication in the Official Gazette.
2.
In the Income-tax Rules, 1962,–
(a) for rule 12C, the following rule shall be substituted, namely:–
“ Statement under sub-section (2) of section 115U.
12C. (1) The statement of income paid or credited shall be furnished by the 30th November of
the Financial year following the previous year during which such income is paid or credited, to
the Chief Commissioner or Commissioner of Income-tax, within whose jurisdiction, the
principal office of the Venture Capital Company or the venture Capital Fund, as the case may be,
is situated.
(2) The statement of income paid or credited which is to be furnished under sub-section (2) of
section 115U by the Venture Capital Company or the Venture Capital Fund, as the case may be,
shall be in Form No. 64, duly verified by an accountant in the manner indicated therein and shall
be furnished electronically under digital signature.
(3) The Director General of Income-tax (Systems) shall specify the procedure for filing of Form
No. 64 and shall also be responsible for evolving and implementing appropriate security,
archival and retrieval policies in relation to the statements so furnished.”;
(b) in Appendix-II, for Form No. 64, the following Form shall be substituted, namely:-
“FORM NO. 64
[See rule 12C]
Statement of income paid or credited by Venture Capital Company
or Venture Capital Fund to be furnished under section 115U of the Income-tax Act, 1961
1. Name of the Venture Capital Company/ Venture Capital Fund *
2. Address of the registered office
3. Permanent Account Number
4. Previous year ending
5. Name and address of the Directors of the Venture Capital Company/trustees
of the Venture Capital Fund*
6. Date of registration of the Venture Capital Company or Venture
Capital Fund with SEBI
(i) under the Securities and Exchange Board of India (Venture
Capital Funds) Regulations,1996
(ii) under the Securities and Exchange Board of India (Alternate
Investment Funds) Regulations, 2012
7. In a case where Venture Capital Company or Venture Capital Fund is registered under
SEBI (Alternate Investment Fund) Regulations, 2012,
A. Whether the Venture Capital Company or Venture Capital Fund has invested
not less than two-third of its investible funds in unlisted equity shares or
equity linked instruments of venture capital undertaking Yes/No
B. Whether the Venture Capital Company or the Venture Capital Fund
has made any investment in any venture capital undertaking in which, -
(i) its director or a substantial shareholder (being a beneficial
owner of equity shares exceeding ten per cent. of its equity
share capital); or
(ii) its trustee or settler, as the case may be –
holds, either individually or collectively, equity shares in
excess of fifteen per cent. of the paid-up equity share capital
of such venture capital undertaking
Yes/No
C. Whether the shares or units of the Venture Capital Company or the
Venture Capital Fund, as the case may be, are listed on any recognised
stock exchange at any time during the previous year Yes/No
8. Total income under all heads from the investments in Venture Capital
Undertakings (9+11+13+15)
9. Total income from the investments in Venture Capital
Undertakings under the head ‘Long-term Capital Gains’
10. Proportion of (9 to 8)
11. Total income from the investments in Venture Capital
Undertakings under the head ‘Short-term Capital Gains’
12. Proportion of (11 to 8)
13. Total dividend income from the investments in Venture Capital
Undertakings
14. Proportion of (13 to 8)
15. Other income (such as interest etc.) from the investments in
Venture Capital Undertakings
16. Proportion of (15 to 8)
17. Details of persons, referred to in sub-section (1) of section 115U
by whom the income is received or in whose name it has been credited, in
the following format :—
S.
No.
Name(s)
Address(es)
PAN
Total
amount
paid/
credited
Amount paid/
credited
under ‘Long
Term Capital
Gains’
[Column 5 ×
Sl. No.10]
Amount paid/
credited
under ‘Short
Term
Capital Gains’
[Column 5 ×
Sl. No.12]
Amount
paid/
credited as
‘dividend’
[Column 5×
Sl. No.14]
Other Income
such as
interest
etc. paid/
credited
[Column 5 ×
Sl. No.16]
1
2
3
4
5
6
7
8
9
Enclose a copy of the certificate of registration under the Securities and Exchange Board of India Act, 1992.
Enclose a copy of the Venture Capital Fund deed in case of Venture Capital Fund registered under the provisions of
the Registration Act, 1908.
Enclose audited accounts including balance sheet, annual report, if any, with certified copies of income and
appropriation towards distribution of income or credit of income [including amount deemed to have been credited
in accordance with provisions of section 115 U(5)].
I, __________________________________________________________________ (Name in full and in block
letters)son/daughter/wife of ___________________________________________ do hereby solemnly declare that
to the best of my knowledge and belief what is stated above and in the Annexure(s), including the documents
accompanying such Annexure(s), is correct and complete. I further declare that I am furnishing such statement in my
capacity as_____________________________ (designation) and that I am competent to furnish this statement and
verify it.
Verified today the ________________ day of ________________.
Place ___________________ Signature _________________
Verification
I/We _________________________________________________________ have examined the books of account
and other documents showing the particulars of income earned and the income distributed / credited [ including
amount deemed to have been credited in accordance with provisions of section 115 U(5) ] to the investors by the
_______________________________________________ (name of the Venture Capital Company or the Venture
Capital Fund) for the previous year ending _________________.
2. I/We declare that the above particulars are true and correct to the best of my/our knowledge and belief.
__________________________________
Place _________________ (Signature with name of the Accountant)
Date __________________
Notes:
1. “Accountant” means the accountant as defined in the Explanation to sub-section (2) of section 288 of the
Income-tax Act, 1961.
2. * Strike out whichever is not applicable.”.
[Notification No. 59/2013/ F.No.142/17/2013-TPL]
(Amit Katoch)
Under Secretary to the Government of India
Note. - The principal rules were published in the Gazette of India Extraordinary Part II, section
3, Sub-section (ii) vide number S.O.969 (E), dated the 26th March, 1962 and were last amended
by the Income-tax ( 11th Amendment) Rules , 2013 vide notification S.O. 2331 (E) dated 01-08-
2013.
