CBDT vide Notification No. 83/2021 dated 29th July 2021 in G.S.R. 514(E) through the Income-tax (21st Amendment) Rules, 2021 has amended the Income-tax Rules, 1962. Through this amendment, the Board has dropped 24 Rules and 72 Income-tax forms from the IT framework and also mandates electronic furnishing of Forms, Returns, Statements, Reports, orders etc. with DSC or EVC.
For this purpose, two new Rules namely, Rule 130 and Rule 131 have been inserted into the Income-tax Rules, 1962. As per Rule 130, the following Income-tax rules have been omitted-
Rules 5A, 5AB, 6ABB, 12B, 12BA, 16D, 16DD, 16E, 16F, 18B, 18BB, 18BBA, 18DD, 18DDA, 20AB, 29AA, 29D, 37, 37E, 37F, 44A, 48, 123 and rule 124.
Further, the following Income-tax Forms have been omitted from the Appendix-II of the Income-tax Rules, 1962-
Form No. ITR-8, 2B, 2C, 2E, 3AA, 3AAA, 3BA, 4, 5, 5A, 10AA, 10C, 10CC, 10CCA, 10CCAA, 10CCAB, 10CCABA, 10CCAC, 10CCAD, 10CCAE, 10CCAF, 10CCAG, 10CCAH, 10CCAI, 10CCBA, 10CCBB, 10CCBBA, 10CCBC, 10CCBD, 10DB, 10DC, 10G, 10HA, 11, 11A, 12, 12A, 15I, 15J, 16AA, 22, 24, 26, 27E, 30, 34A, 34B, 34BA, 37, 37EE, 37F, 37G, 37H, 37-I, 54, 55, 56A, 56AA, 56B, 56BA, 56C, 56CA, 56E, 56F, 56FF, 56G, 56H, 58A, 58B, 63, 63A, 63AA
It is clarified that any proceeding pending before any income-tax authority, appellate tribunal or any court shall continue and will be disposed of as if these rules and forms have not been omitted.
The new Rule 131 prescribes electronic furnishing of Income-tax Forms, returns, statements, reports, orders etc. as prescribed in Appendix II of the Income-tax Rules under digital signature or through electronic verification code.
It further provides that the Principal Director General of Income-tax (Systems) or the Director-General of Income-tax (Systems) shall, with the approval of the Board, specify the Forms, returns, statements, reports, orders and lay down the data structure, standards and procedure of furnishing and verification of such specify the Forms, returns, statements, reports, orders.
Further, PDGIT (Systems)/DGIT (Sysytems) shall be responsible for formulating and implementing appropriate security, archival and retrieval policies in relation to the said Forms, returns, statements, reports, orders.
Read the full text of Notification No. 83/2021 dated 29th July, 2021 on the omission of redundant rules and forms
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 29th July, 2021
(INCOME-TAX)
G.S.R. 514(E). –In exercise of the powers conferred by 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. Short title and commencement.–(1) These rules may be called the Income-tax (21st Amendment) Rules, 2021.
(2) They shall come into force from the date of publication of notification in the Official Gazette.
2. In the Income-tax Rules, 1962, after rule 129, the following rules shall be inserted, namely:-
"130. Omission of certain rules and Forms and savings.-(1) Rules 5A, 5AB, 6ABB, 12B, 12BA, 16D, 16DD, 16E, 16F, 18B, 18BB, 18BBA, 18DD, 18DDA, 20AB, 29AA, 29D, 37, 37E, 37F, 44A, 48, 123 and rule 124 shall be omitted.
(2) In Appendix II, Forms ITR-8, 2B, 2C, 2E, 3AA, 3AAA, 3BA, 4, 5, 5A, 10AA, 10C, 10CC, 10CCA, 10CCAA, 10CCAB, 10CCABA, 10CCAC, 10CCAD, 10CCAE, 10CCAF, 10CCAG, 10CCAH, 10CCAI, 10CCBA, 10CCBB, 10CCBBA, 10CCBC, 10CCBD, 10DB, 10DC, 10G, 10HA, 11, 11A, 12, 12A, 15I, 15J, 16AA, 22, 24, 26, 27E, 30, 34A, 34B, 34BA, 37, 37EE, 37F, 37G, 37H, 37-I, 54, 55, 56A, 56AA, 56B, 56BA, 56C, 56CA, 56E, 56F, 56FF, 56G, 56H, 58A, 58B, 63, 63A and Form 63AA shall be omitted.
(3) Notwithstanding such omission, on and from the date of commencement of this rule–
(i) any proceeding pending before any income-tax authority, any Appellate Tribunal or any court, by way of appeal, reference or revision, shall be continued and disposed of as if rules and forms mentioned in sub-rule (1) and sub-rule (2) have not been omitted;
(ii) any agreement entered into, appointment made, approval given, recognition granted, direction, instruction, notification or order issued under the rules and Forms mentioned in sub-rule (1) and sub-rule (2) shall be deemed to continue in force as if rules and forms mentioned in sub-rule (1) and sub-rule (2) have not been omitted.
131. Electronic furnishing of Forms, Returns, Statements, Reports, orders etc.- (1) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, may with the approval of the Board specify that any of the Forms, returns, statements, reports, orders, by whatever name called, prescribed in Appendix II, shall be furnished electronically—
(i) under digital signature, if the return of income is required to be furnished under digital signature; or
(ii) through electronic verification code in a case not covered under clause (i).
(2) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall-
(i) with the approval of the Board specify the Forms, returns, statements, reports, orders, referred to in sub-rule (1), which are to be furnished electronically;
(ii) lay down the data structure, standards and procedure of furnishing and verification of such Forms, returns, statements, reports, orders, including modification in format, if required, to make it compatible for furnishing electronically; and
(iii) be responsible for formulating and implementing appropriate security, archival and retrieval policies in relation to the said Forms, returns, statements, reports, orders.‖.
[Notification No. 83/2021/F. No. 370142/30/2021-TPL]
ANKIT JAIN, Under Secy. (Tax Policy and Legislation Division)
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 G.S.R. 509(E) dated 27th July, 2021.
0 Comments