CA Bhuvnesh Goyal

Procedure, format and standards for filling an application in Form No. 15C or Form No. 15D for grant of certificate for no-deduction of income-tax under sub-section (3) of section 195 of the Income Tax Act, 1961 through TRACES-. F.No. Pro DGIT(S)CPC(TDS)/NOTIFICATION/2022-23 Notification No. 01/2023 New Delhi, 29th March, 2023 Section 195(3) ofthe Income-tax Act, 1961 provides for grant of certificate to a person entitled to receive interest or other sum on which income tax is to be deducted under section 195(1) of the Income-tax Act, 1961 without deduction of tax at source. For the purpose, an application has to be made by the person to the Assessing Officer (hereinafter referred to as “AO”) in the prescribed form.  Rule 29B of the Income-tax Rules, 1962 prescribes the rules for making application for certificate authorising receipt of interest and other sums without deduction of tax in such cases. Rule 29B(3) of the Income-tax Rules, 1962 provides that the application shall be made by a banking company or insurer in Form No. 15C and by any other person who carries on business or profession in India through a branch in Form 15D.  In exercise of the powers delegated by the Central Board of Direct Taxes under sub-rule (1) of Rule 131 ofthe Income-tax Rules, 1962, the Director General of Income-tax (Systems) hereby specifiesa. Form No. 15C and Form No. 15D prescribed under Rule 29B(3) of the Income-tax Rules, 1962 for electronic furnishing at TRACES website under digital signature or through electronic verification code; and b. the procedure, format and standards for the purpose of electronic filing of Form No. 15C and Form No. 15D and generation of certificate under sub-section (3) of section 195 of Income-tax Act, 1961, through TRACES in the succeeding paragraphs which will be applicable from 01.04.2023 Procedure for filling of application in Form No. 15C or Form No. 15D shall be as follows:  For making an application in Form No. 15C or in Form lSD, the banking company or insurer or, as the case may be, any other person who carries on business or profession in India through a branch the taxpayer shall login into the TRACES website (www.tdscpc.gov.in)for making the application electronically for grant of certificate under section 195(3) ofthe Income-tax Act, 1961 for authorising receipt of interest and other sums without deduction of tax.  The applicant who is not registered at TRACES website shall have to first register with its Permanent Account Number (‘PAN”) at TRACES (www.tdscpc.gov.in) for login and filling application in Form No. 15C or Form No. 15D. Detailed procedure for registration can be accessed through the link https://contents.tdscpc.gov.in/en/e-tutorial-taxpayer.html   4.3 The applicant shall login at TRACES website (www.tdscpc.gov.in) and submit Form No. 15C or Form No. 15D along with supporting documents using any of the following: (i) Digital Signature, (ii) Electronic Verification Code, (iii) AADHAR based Authentication, (iv) Mobile OTP.  4.4 Applicants accessing TRACES website from outside of India shall login at TRACES website (www.nriservices.tdscpc.gov.in) and submit application in Form No. 15C or Form No. 15D along with supporting documents using Digital Signature only.  4.5 The applicant can track the status of the application through option ‘Track Request for Form 13/15C/15D under the tab ‘Statements/Forms’.  5. Procedure for assignment of application to the TDS ADs in the International Taxation charges:  5.1 The application will be assigned to the TDS AO in the International Taxation charges on the basis of details furnished by the applicant in Form No. 15C or Form No. 15D. Such applications can be accessed by the AO through the path ‘Lower/No Deduction Certificate> Generate Certificate>Certificate u/s 195(3) and select ‘Open Request (s)’.  5.2 Once the application in Form No. 15C or Form No. 15D has been successfully submitted, the following data will be obtained by CPC(TDS): (i) Processed data of Income Tax Returns of previous 6 financial years (if available). (ii) PAN Demand. (iii) E-filed Income-Tax Returns of previous 6 financial years. (iv) Audit Report / Form 3CD (if applicable) of previous 6 financial years. (v) Assessment Orders of previous 6 financial years (if available).  5.3 The applications shall be aSSigned by default to the DClT/ACIT (IntI. Taxn.) exercising jurisdiction over TDS matters. However, if the jurisdiction orders are otherwise, the assigned AO can transfer the applications to the AO concerned on AO Portal.  6. Processing of the Taxpayer’s! Oeductee’s request by the AD, Range Heads and Commissioners of Income-tax: 6.1 Role of ADs: The AO shall process the application through TRACES -AO Portal after login using their credentia Is.  6.1.1 By navigating through the path ‘LowerlNo Deduction Certificate>Generate Certificate> Certificate us/195(3) and select ‘Open Request (5)’. the AD will be able to access the following information: (i) Information furnished by the tax-payer/Deductee. (ii) Documents submitted by the tax-payer/Deductee. (iii) Information essential for processing the request in respect of the tax-payer/Deductee received from other modules. (iv) Information essential for processing the request in respect ofthe tax-payer/Deductee, as available at CPC(TDS).  6.1.2 If the AD requires any further information or documents or clarification from the applicant for arriving at a decision, the same shall be obtained online using the option /(Seek Clarification” available within the functionality through the path (TDS AD login->LowerINo Deduction Certificate->Certificate uls 195(3)->Open Request->Request Number->Seek Clarification).  6.1.3 The query raised by the AD shall be forwarded to the applicant through systems for furnishing a suitable response. The query will be available to the applicant in the inbox at TRACES Portal through the applicant’s login through the path (Tax Payer login -> StatementIForms-> Track Request Form 13115Cl1SD->Status>Clarification required by AD).  6.1.4 The response submitted by the applicant shall be visible to the AD within the functionality for taking a decision on the application through the path (TDS AD login->LowerINo Deduction Certificate->Certijicate uls 195(3)-> Open Request-> Request Number->Communication History->Comments)  6.1.5 The AD shall approve/reject the application based on the parameters defined in rule 29B of the Income-tax Rules, 1962 as well as any other instructions/guidelines in this regard.  6.1.6 After approval! rejection of the application, as the case may be, it

 The following incomes shall be deemed to be received in the previous year :—   (i) the annual accretion in the previous year to the balance at the credit of an employee participating in a recognised provident fund, to the extent provided in rule 6 of Part A of the Fourth Schedule ;  (ii) the transferred balance in a recognised provident fund, to the extent provided in sub-rule (4) of rule 11 of Part A of the Fourth Schedule ; (iii) the contribution made, by the Central Government or any other employer in the previous year, to the account of an employee under a pension scheme referred to in section 80CCD.

For the purposes of this Act,— (1) An individual is said to be resident in India in any previous year, if he— (a) is in India in that year for a period or periods amounting in all to one hundred and eighty-two days or more ; or (b) [***] (c) having within the four years preceding that year been in India for a period or periods amounting in all to three hundred and sixty-five days or more, is in India for a period or periods amounting in all to sixty days or more in that year. Explanation 1.—In the case of an individual,— (a) being a citizen of India, who leaves India in any previous year as a member of the crew of an Indian ship as defined in clause (18) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958), or for the purposes of employment outside India, the provisions of sub-clause (c) shall apply in relation to that year as if for the words “sixty days”, occurring therein, the words “one hundred and eighty-two days” had been substituted ; (b) being a citizen of India, or a person of Indian origin within the meaning of Explanation to clause (e) of section 115C, who, being outside India, comes on a visit to India in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words “sixty days”, occurring therein, the words “one hundred and eighty-two days” had been substituted 30[and in case of 31[such person] having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year, for the words “sixty days” occurring therein, the words “one hundred and twenty days” had been substituted.] Explanation 2.—For the purposes of this clause, in the case of an individual, being a citizen of India and a member of the crew of a foreign bound ship leaving India, the period or periods of stay in India shall, in respect of such voyage, be determined in the manner and subject to such conditions as may be prescribed.32 33[(1A) Notwithstanding anything contained in clause (1), an individual, being a citizen of India, having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year shall be deemed to be resident in India in that previous year, if he is not liable to tax in any other country or territory by reason of his domicile or residence or any other criteria of similar nature.] 34[Explanation.—For the removal of doubts, it is hereby declared that this clause shall not apply in case of an individual who is said to be resident in India in the previous year under clause (1).] (2) A Hindu undivided family, firm or other association of persons is said to be resident in India in any previous year in every case except where during that year the control and management of its affairs is situated wholly outside India. (3) A company is said to be a resident in India in any previous year, if—  (i) it is an Indian company; or (ii) its place of effective management, in that year, is in India. Explanation.—For the purposes of this clause “place of effective management” means a place where key management and commercial decisions that are necessary for the conduct of business of an entity as a whole are, in substance made. (4) Every other person is said to be resident in India in any previous year in every case, except where during that year the control and management of his affairs is situated wholly outside India. (5) If a person is resident in India in a previous year relevant to an assessment year in respect of any source of income, he shall be deemed to be resident in India in the previous year relevant to the assessment year in respect of each of his other sources of income. (6) A person is said to be “not ordinarily resident” in India in any previous year if such person is— (a) an individual who has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or (b) a Hindu undivided family whose manager has been a non-resident in India in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less 35[; or (c) a citizen of India, or a person of Indian origin, having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year, as referred to in clause (b) of Explanation1 to clause (1), who has been in India for a period or periods amounting in all to one hundred and twenty days or more but less than one hundred and eighty-two days; or (d) a citizen of India who is deemed to be resident in India under clause (1A). Explanation.—For the purposes of this section, the expression “income from foreign sources” means income which accrues or arises outside India (except income derived from a business controlled in or a profession set up in India)] 36[and which is not deemed to accrue or arise in India].

(1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other than the person referred to in section 153A, then, the books of account or documents or assets, seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person and that Assessing Officer shall proceed against each such other person and issue notice and assess or reassess the income of the other person in accordance with the provisions of section 153A, if, that Assessing Officer is satisfied that the books of account or documents or assets seized or requisitioned have a bearing on the determination of the total income of such other person for six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made and for the relevant assessment year or years referred to in sub-section (1) of section 153A : Provided that in case of such other person, the reference to the date of initiation of the search under section 132 or making of requisition under section 132A in the second proviso to sub-section (1) of section 153A shall be construed as reference to the date of receiving the books of account or documents or assets seized or requisitioned by the Assessing Officer having jurisdiction over such other person : Provided further that the Central Government may by rules30 made by it and published in the Official Gazette, specify the class or classes of cases in respect of such other person, in which the Assessing Officer shall not be required to issue notice for assessing or reassessing the total income for six assessment years immediately preceding the assessment year relevant to the previous year in which search is conducted or requisition is made and for the relevant assessment year or years as referred to in sub-section (1) of section 153A except in cases where any assessment or reassessment has abated. (2) Where books of account or documents or assets seized or requisitioned as referred to in sub-section (1) has or have been received by the Assessing Officer having jurisdiction over such other person after the due date for furnishing the return of income for the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 132A and in respect of such assessment year— (a)  no return of income has been furnished by such other person and no notice under sub-section (1) of section 142 has been issued to him, or (b) a return of income has been furnished by such other person but no notice under sub-section (2) of section 143 has been served and limitation of serving the notice under sub-section (2) of section 143 has expired, or (c)  assessment or reassessment, if any, has been made, before the date of receiving the books of account or documents or assets seized or requisitioned by the Assessing Officer having jurisdiction over such other person, such Assessing Officer shall issue the notice and assess or reassess total income of such other person of such assessment year in the manner provided in section 153A. 31[(3) Nothing contained in this section shall apply in relation to a search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132A on or after the 1st day of April, 2021.] Amendment to I-T Act’s Section 153Cto Apply to Searches Retrospectively’ The Supreme Court on 06-04-2023 held that the amendment brought to Section 153C of the Income Tax Act,1961 will apply retrospectively to searches conducted prior to June 1, 2015, the date of amendment. Setting aside the Gujarat High Court’s 2019 judgment that held to the contrary, a Bench led by Justice MR Shah, while ruling infavour of Revenue Department, said “as per the settled position of law, the courts, while interpreting machinery provisions of a taxing statute, must give effect to its manifest purpose by construing it in such a manner so as to effectuate the object andpurpose of the statute. ” “The object and purpose of Section 153C is to address the persons other than the searched person. Even as per the unamended Section 153C, the proceeding against other persons (other than the searched person) was on thebasis of the seizure of books of account or documents seized or requisitioned “belongs or belong to” a person other than the searched person,” the SC said in its 67-page judgment. However, the apex court gave liberty to the assessees to challenge the assessment orders within four weeks on any other grounds which may be available and the department can consider the same in accordance with law and on their own merits.