CA. Anuj Gupta
The amended rule 37BB (governing Form 15CA and CB) as applicable from 01/10/2013 provides for exemption from filing both Form 15CA and 15CB only for two cases:
1. In the items covered under the Specified List (28 items which includes remittances for investment abroad for capital/loan to subsidiaries, travel expenses, loans, personal remittances, donations etc).
2. In the case where single remittance is for less than Rs 50,000 and aggregate remittances are less than Rs 250,000 in a year.
In all other cases, both Form 15CA and 15CB are required to be filed. Therefore, in case of payments for import of goods (whether or not the same are taxable in India), Form 15CA and 15CB appear to be mandatory.
It may also be worthwhile to note that in the regime for issue of Form 15CA and Form 15CB, prevalent till 30/09/2013, payment for import of goods were never exempted from obtaining Form 15CA and Form 15CB , however the banks remitting the payments never used to ask for Form 15CA and Form 15CB.
However w.e.f 01/10/2013 , the Income Tax Department authorising it officers to ask the banks remitting the payments to provide Form 15CA for any remittance made by them, it remains to be seen how the banks remitting the foreign payments will ensure the compliance with requirements of Form 15 CA and Form 15CB for remittances for import of goods.
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