FORM NO 12BB claims by employee for deduction of tax u/s 192

NOTIFICATION NO. 30/2016 [F.NO.142/29/2015-TPL],

DATED 29-4-2016

In exercise of the powers conferred by sections 192, 200 and 206C, 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 (11th Amendment) Rules, 2016.

(2) They shall come into force from the 1st day of June, 2016.

2. In the Income-tax Rules, 1962 (hereafter referred to as the said rules), after rule 26B, the following rule shall be inserted, namely:—

“26C. Furnishing of evidence of claims by employee for deduction of tax under section 192.—(1) The assessee shall furnish to the person responsible for making payment under sub-section (1) of section 192, the evidence or the particulars of the claims referred to in sub-rule (2), in Form No.12BB for the purpose of estimating his income or computing the tax deduction at source.

(2) The assessee shall furnish the evidence or the particulars specified in column (3), of the Table below, of the claim specified in the corresponding entry in column(2) of the said Table:—

TABLE

Sl. No. Nature of claims Evidence or particulars
(1) (2) (3)
1. House Rent Allowance. Name, address and permanent account number of the landlord/landlords where the aggregate rent paid during the previous year exceeds rupees one lakh.
2. Leave travel concession or assistance. Evidence of expenditure.
3. Deduction of interest under the head “Income from house property”. Name, address and permanent account number of the lender.
4. Deduction under Chapter VI-A. Evidence of investment or expenditure.”.

3. In the said rules, in rule 30,—

(a) in sub-rule (2A), for the words “seven days”, the words “thirty days” shall be substituted;
(b) in sub-rule (4), for the portion beginning with the word “shall” and ending with the words ” has been credited”, the following words, figures, letter and brackets shall be substituted, namely:—
“shall submit a statement in Form No. 24G to the agency authorised by the Principal Director of Income-tax (Systems) in respect of tax deducted by the deductors and reported to him.”;
(c) after the sub-rule (4), the following sub-rules shall be inserted, namely:—
“(4A) Statement referred to in sub-rule (4) shall be furnished—
(a) on or before the 30th day of April where the statement relates to the month of March; and
(b) in any other case, on or before 15 days from the end of relevant month.
(4B) Statement referred to in sub-rule (4) shall be furnished in the following manner, namely:—
(a) electronically under digital signature in accordance with the procedures, formats and standards specified under sub-rule (5); or
(b) electronically alongwith the verification of the statement in Form 27A or verified through an electronic process in accordance with the procedures, formats and standards specified under sub-rule (5).
(4C) The persons referred to in sub-rule (4) shall intimate the number (hereinafter referred to as the Book Identification Number) generated by the agency to each of the deductors in respect of whom the sum deducted has been credited.”;
(d) for sub-rule(5), the following rules shall be substituted, namely:—
“(5) The Principal Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the statements and shall be responsible for the day-to-day administration in relation to furnishing of the information and verification of the statements.”.

4. In the said rules, in rule 31A, for sub-rule (2), the following sub-rule shall be substituted, namely:—

“(2) Statements referred to in sub-rule (1) for the quarter of the financial year ending with the date specified in column (2) of the Table below shall be furnished by the due date specified in the corresponding entry in column (3) of the said Table:

TABLE

Sl. No. Date of ending of quarter of financial year Due date
(1) (2) (3)
1. 30th June 31st July of the financial year
2. 30th September 31st October of the financial year
3. 31st December 31st January of the financial year
4. 31st March 31st May of the financial year immediately following the financial year in which the deduction is made”.

5. In the said rules, in rule 37CA,—

(a) in sub-rule (3), for the portion beginning with the word “shall” and ending with the words ” has been credited”, the following words, figures, letter and brackets shall be substituted, namely:—
“shall submit a statement in Form No. 24G to the agency authorised by the Principal Director of Income-tax (Systems) in respect of tax collected by the collectors and reported to him.”;
(b) after sub-rule (3),the following sub-rules shall be inserted, namely:—
“(3A) Statement referred to in sub-rule (3) shall be furnished—
(a) on or before the 30th day of April where the statement relates to the month of March; and
(b) in any other case, on or before 15 days from the end of relevant month.
(3B) Statement referred to in sub-rule (3) shall be furnished in the following manner, namely:—
(a) electronically under digital signature in accordance with the procedures, formats and standards specified under sub-rule (4); or
(b) electronically along with the verification of the statement in Form 27A or verified through an electronic process in accordance with the procedures, formats and standards specified under sub-rule (4).”;
(c) for sub-rule(4), the following sub-rule shall be substituted, namely:—
“(4) The Principal Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the statements and shall be responsible for the day-to-day administration in relation to furnishing of the information and verification of the statements.”.

6. In the said rules, in Appendix II,—

(a) after Form 12 BA, the following form shall be inserted, namely:—

FORM NO. 12BB

[See rule 26c]

Statement showing particulars of claims by an employee for deduction of tax under section 192

(b) in the Form No. 24G, in point 7, under the heading “Details of State”, after Tamil Nadu at serial number 31 and before Tripura at serial number 32, the figures, letter and word “31A. Telangana” shall be inserted;

(c) in Form No. 24Q, in Annexure-II, after entry 356, the following shall be inserted, namely:—

“357 In case of House Rent Allowance claim-Name and Permanent Account Number of the landlord if aggregate payment during the previous year exceeds rupees one lakh
358 In case of deduction of interest under the head “Income from House property” – Name and Permanent Account Number of the lender ( if available)”;

(d) in Form No. 26Q, in the Annexure, in Notes, in point 7, under the heading “List of section codes is as under”, before section 193, the following shall be inserted, namely:—

1 2 3
“192A Payment of accumulated balance due to an employee 192A”;

(e) in Form No. 27Q, in the Annexure, in Notes, in point 4, under the heading “List of section codes is as under”, before section 194E, following shall be inserted:—

1 2 3
“192A Payment of accumulated balance due to an employee 192A”.

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