[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 24th June, 2016
INCOME-TAX
S.O. 2196 (E).— In exercise of the powers conferred by clause (ii) of sub-section (7)
of section 206AA, 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 ( 17th Amendment) Rules, 2016.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2.
In the Income-tax Rules, 1962 (hereafter referred to as the said rules), after rule
37BB, the following rule shall be inserted, namely :-
“37BC. Relaxation from deduction of tax at higher rate under section 206AA.- (1) In the
case of a non-resident, not being a company, or a foreign company ( hereafter referred to as
‘the deductee’) and not having permanent account number the provisions of section 206AA
shall not apply in respect of payments in the nature of interest, royalty, fees for technical
services and payments on transfer of any capital asset, if the deductee furnishes the details
and the documents specified in sub-rule (2) to the deductor.
(2) The deductee referred to in sub-rule (1), shall in respect of payments specified therein,
furnish the following details and documents to the deductor, namely :-
(i)
name, e-mail id, contact number;
(ii)
address in the country or specified territory outside India of which the deductee is a
resident;
(iii)
a certificate of his being resident in any country or specified territory outside India
from the Government of that country or specified territory if the law of that country
or specified territory provides for issuance of such certificate;
(iv)
Tax Identification Number of the deductee in the country or specified territory of his
residence and in case no such number is available, then a unique number on the basis
of which the deductee is identified by the Government of that country or the
specified territory of which he claims to be a resident.
3. In the said rules, in Appendix II, in Form No. 27Q,-
(a) in the second line, after the figures and letters “194LB”, the figures and letters
“194LBA, 194LBB,194 LBC” shall be inserted;
(b) in the Annexure,-
(I)
in the Table,-
(i) in the column 717, in the column heading, after the letters and words “PAN of the
deductee”, the brackets, words and figure “[ see Note 5]” shall be inserted;
(ii) after column 734, the following shall be inserted, namely :—
“Email
ID
of
deductee
Contact
number
of deductee
Address of
deductee
in country of
residence
Tax Identification
Number /
Unique identification
number of deductee
735
736
737
738”;
(II)
in the Notes below the Table,-
(A) in point 4, in the Table, after entry 194LB, the following shall be inserted,
namely:—
“194LBA
Certain income from units of a business trust
LBA
194LBB
Income in respect of units of investment fund
LBB
194LBC
Income in respect of investment in securitisation
trust
LBC”;
(B) after point 4 and below the Table, the following point shall be inserted namely:—
‘5. In case of deductees covered under rule 37BC, “PAN NOT AVAILABLE”
should be mentioned.’.”
[Notification No. 53 /2016, F.No.370 142/16/2016-TPL]
(LAKSHMI NARAYANAN)
UNDER SECRETRAY (TAX POLICY AND LEGISLATION)
Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section (ii) vide notification number S.O.969( E), dated the 26th March, 1962 and last
amended vide notification number S.O.2179(E), dated the 22nd June 2016.
