Notification No 33/2018 : Tax Audit Report Form 3CD Amended by CBDT

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Notification No 33/2018 Dated 20.07.2018

Summary of Notification No 33/2018 : Tax Audit Report Form 3CD Amended

The Central Board of Direct Taxes (CBDT) has revised the Form no. 3CD. Various changes have been made in the form such as

  • reporting of gifts chargeable to tax,
  • particulars of payment in amount exceeding limit specified in Section 269ST.
  • Further, the Form asked the break-up of total expenditure of entities registered or not registered under the GST

The New Form 3CD is applicable from 20.08.2018

Video Explanation of Notification No 33/2018

Video Explanation of Notification No 33/2018 [Tax Audit Report Form 3CD Amended by CBDT  ] in Hindi by CA Satbir Singh

Read Notification No 33/2018

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 20th July, 2018

G.S.R. 666(E). – In exercise of the powers conferred by section 44AB read with section 295 of the Income-tax
Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act), 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 (8th Amendment) Rules, 2018.
(2) They shall come into force from the 20th day of August, 2018.
2. In the Income-tax Rules, 1962, in Appendix II, in Form No. 3CD,-

(i) in serial number 4,-

(a) after the words “sales tax,”, the words “goods and services tax,” shall be inserted;

(b) after the words “registration number or”, the words “GST number or” shall be inserted;

(ii) in serial number 19, in the table, after the row with entry “32AC”, the row with entry “32AD” shall be
inserted;
(iii) in serial number 24, after the words “32AC or”, the words “32AD or” shall be inserted;
(iv) in serial number 26, for the words “or (f)”, the words “, (f) or (g)” shall be substituted;
(v) after serial number 29 and the entries relating thereto, the following shall be inserted, namely:-

“29A. (a) Whether any amount is to be included as income chargeable under the head ‘income from
other sources’ as referred to in clause (ix) of sub-section (2) of section 56? (Yes/No)

(b) If yes, please furnish the following details:
(i) Nature of income:

(ii) Amount thereof:
29B. (a) Whether any amount is to be included as income chargeable under the head ‘income from other
sources’ as referred to in clause (x) of sub-section (2) of section 56? (Yes/No)
(b) If yes, please furnish the following details:
(i) Nature of income:
(ii) Amount (in Rs.) thereof:”;
(vi) after serial number 30 and the entries relating thereto, the following shall be inserted, namely:-

“30A. (a) Whether primary adjustment to transfer price, as referred to in sub-section (1) of section 92CE, has
been made during the previous year? (Yes/No)
(b) If yes, please furnish the following details:-
(i) Under which clause of sub-section (1) of section 92CE primary adjustment is made?
(ii) Amount (in Rs.) of primary adjustment:
(iii) Whether the excess money available with the associated enterprise is required to be repatriated to India
as per the provisions of sub-section (2) of section 92CE? (Yes/No)
(iv) If yes, whether the excess money has been repatriated within the prescribed time (Yes/No)
(v) If no, the amount (in Rs.) of imputed interest income on such excess money which has not been
repatriated within the prescribed time:

30B. (a) Whether the assessee has incurred expenditure during the previous year by way of interest or of
similar nature exceeding one crore rupees as referred to in sub-section (1) of section 94B? (Yes/No)
(b) If yes, please furnish the following details:-
(i) Amount (in Rs.) of expenditure by way of interest or of similar nature incurred:
(ii) Earnings before interest, tax, depreciation and amortization (EBITDA) during the previous year (in Rs.):
(iii) Amount (in Rs.) of expenditure by way of interest or of similar nature as per (i) above which exceeds
30% of EBITDA as per (ii) above:
(iv) Details of interest expenditure brought forward as per sub-section (4) of section 94B:

A.Y.Amount (in Rs.)

(v) Details of interest expenditure carried forward as per sub-section (4) of section 94B:

A.Y.Amount (in Rs.)

30C. (a) Whether the assessee has entered into an impermissible avoidance arrangement, as referred to in section 96, during the previous year? (Yes/No)

(b) If yes, please specify:-

(i) Nature of the impermissible avoidance arrangement:

(ii) Amount (in Rs.) of tax benefit in the previous year arising, in aggregate, to all the parties to the
arrangement:”;

(vii) in serial number 31,-
(A) after clause (b), the following clauses and entries relating thereto shall be inserted, namely:-

“(ba) Particulars of each receipt in an amount exceeding the limit specified in section 269ST, in aggregate from a
person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion from a person, during the previous year, where such receipt is otherwise than by a cheque or bank
draft or use of electronic clearing system through a bank account:-
(i) Name, address and Permanent Account Number (if available with the assessee) of the payer;
(ii) Nature of transaction;
(iii) Amount of receipt (in Rs.);
(iv) Date of receipt;

(bb) Particulars of each receipt in an amount exceeding the limit specified in section 269ST, in aggregate from a
person in a day or in respect of a single transaction or in respect of transactions relating to one event or
occasion from a person, received by a cheque or bank draft, not being an account payee cheque or an account
payee bank draft, during the previous year:—
(i) Name, address and Permanent Account Number (if available with the assessee) of the payer;
(ii) Amount of receipt (in Rs.);

(bc) Particulars of each payment made in an amount exceeding the limit specified in section 269ST, in aggregate to
a person in a day or in respect of a single transaction or in respect of transactions relating to one event or
occasion to a person, otherwise than by a cheque or bank draft or use of electronic clearing system through a
bank account during the previous year:-
(i) Name, address and Permanent Account Number (if available with the assessee) of the payee;
(ii) Nature of transaction;
(iii) Amount of payment (in Rs.);
(iv) Date of payment;

(bd) Particulars of each payment in an amount exceeding the limit specified in section 269ST, in aggregate to a
person in a day or in respect of a single transaction or in respect of transactions relating to one event or
occasion to a person, made by a cheque or bank draft, not being an account payee cheque or an account payee
bank draft, during the previous year:—

(i) Name, address and Permanent Account Number (if available with the assessee) of the payee;
(ii) Amount of payment (in Rs.);
(Particulars at (ba), (bb), (bc) and (bd) need not be given in the case of receipt by or payment to a
Government company, a banking Company, a post office savings bank, a cooperative bank or in the case of
transactions referred to in section 269SS or in the case of persons referred to in Notification No. S.O.
2065(E) dated 3rd July, 2017)”;

(B) in item (c), in sub-item (v), for the words “taken or accepted”, the word “repaid” shall be substituted;
(C) in item (d), in sub-item (ii), after the words “amount of”, the words “repayment of” shall be inserted;
(D) in item (e), in sub-item (ii), after the words, “amount of”, the words “repayment of” shall be inserted;
(viii) in serial number 34, for item (b), the following item shall be substituted, namely:-
“(b) whether the assessee is required to furnish the statement of tax deducted or tax collected. If yes, please
furnish the details:

Tax deduction
and collection
Account
Number (TAN)
Type of
Form
Due date for
furnishing
Date of furnishing,
if furnished
Whether the statement of tax deducted or collected contains information about all details/transactions which are required to be reported. If not, please furnish list of details/transactions which are not reported.”;

(ix) after serial number 36 and the entries relating thereto, the following shall be inserted, namely:-
“36A. (a) Whether the assessee has received any amount in the nature of dividend as referred to in sub-clause (e) of
clause (22) of section 2? (Yes/No)

(b) If yes, please furnish the following details:-
(i) Amount received (in Rs.):
(ii) Date of receipt:”;
(x) after serial number 41 and the entries relating thereto, the following shall be inserted, namely:-

“42. (a) Whether the assessee is required to furnish statement in Form No.61 or Form No. 61A or Form No. 61B?
(Yes/No)
(b) If yes, please furnish:

Income-tax
Department
Reporting Entity
Identification
Number
Type of FormDue date for
furnishing
Date of furnishing,
if furnished
Whether the Form contains information about all details/
transactions which are
required to be reported. If not, please furnish list of the details/transactions which are not reported.

43. (a) Whether the assessee or its parent entity or alternate reporting entity is liable to furnish the report as referred to in sub-section (2) of section 286 (Yes/No)
(b) if yes, please furnish the following details:
(i) Whether report has been furnished by the assessee or its parent entity or an alternate reporting entity
(ii) Name of parent entity
(iii) Name of alternate reporting entity (if applicable)
(iv) Date of furnishing of report

44. Break-up of total expenditure of entities registered or not registered under the GST:

Sl.
No.
Total amount of
Expenditure
incurred during
the year
Expenditure in respect of entities registered under GSTExpenditure relating
to entities not
registered under GST
Relating to
goods or
services
exempt
from GST
Relating to
entities falling
under
composition
scheme
Relating to
other
registered
entities
Total payment
to registered
entities
(1)(2)(3)(4)(5)(6)(7)

[Notification No. 33/2018/F.No. 370142/9/2018-TPL]
PITAMBAR DAS, Director (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 of March, 1962 and were last amended vide notification number G.S.R 647 (E) dated 13.07.2018.

Download Notification No 33/2018

Refer Income Tax Website Also Click here 

Notification No 33/2018 : Tax Audit Report Form 3CD Amended

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