Mar 152013

New TDS Rules as per the new Notification 11/2013 dated 19th feb 2013.

Central Board Of Direct Taxes has issued the notification no 11/2013 dated 19 Feb 2013 allowing TDS statements with a digital signature. The Income Tax Rules, 1962 are altered by the CBDT to bring about these changes. With this notification the rule 31A has been amended that will agree to the furnishing of TDS statement under digital signature. This provides the submission of TDS (Tax Deduction at Source) return electronically and furnishing of statement  with the verification  under the form 27A .It is now possible to  carry the soft copy of the statements along with signed form 27A  to the TIN facilitation centres in order to file these statements. NSDL also provides the submission of the TDS statements electronically which calls for a prior registration. However the new guidelines are awaited regarding the submission of TDS statements under digital signature and the electronic verification process.

Form 26A – certificate from the accountant u/s 201

The form 26A will hold a certificate from the accountant under section 201. Under certain circumstances, the deductor shall not be deemed to be the assessee in default where tax is not deducted at source, in such cases the deductor shall be eligible to present the certificate from accountant. The form 26A serves this purpose. Director General of Income Tax (System) shall detail the format, procedures and standards for the same. The guidelines for the same are pending.

Form 26b – claim for refund

If extra TDS has been deposited, the surplus can be refunded by claiming the same under Chapter XVII-B .The deductor must file a refund under the new form 26B. The rules, formats and procedures recounting the same shall be told by the Director General of Income Tax (System). This form needs to be submitted electronically under digital signatures.

Amounts paid without tax deduction at source-submission of its particulars

Submitting the details of the amounts paid on which TDS has not been deducted, the notification 56/2012 dated 13/2/2013 is introduced. For Certain payments which are made to banks, the tax is not deducted at source . Submitting the details for such amounts is now possible in TDS statements.

The amendments have been made in several forms under this section. Amendment in Rules 31A & 31AA; Substitution of Rules 31ACB, 37J and  Form Nos.15G, 15H, 16, 16A, 24Q, 26Q, 27C, 27D, 27Q & 27EQ and Insertion of Form No. 26B Notification No. 11/2013[F.NO.142/31/2012-SO(TPL)]/SO 410(E). The data structure needs to be formally amended by the NSDL and the changes need to be notified in order that these changes come into effect. The changes regarding the TDS/TCS Certificate have been notified in  Forms 16,16A,27D.The changes regarding the TDS Statements in Forms 24Q,26Q,27Q and 27EQ.Declarations for payments without TDS / TCS in Forms 15G, 15H, 27C .