Filing of form 15ca

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This query is : Resolved

Sandeep Kumar Sahu (Querist)

29 May 2012 Dear All,

The following errors appearing while filing form 15CA online:

Without accountant details NSDL is not accepting the form 15CA. Whereas as per IT act it is not mandatory to take Accountant certificate in case of foreign currency remittance if the remitter of foreign currency has obtained the certificate from IT authority u/s 197 of the IT act. We have obtained the required certificate u/s 197 of the IT Act.

In financial year 2011-12 we have filed 15CA at least 4 times in the same manner without furnishing accountant details. But now we are facing the problem while filing the same in the similar manner.

As the matter is urgent, kindly help us immediately.

Regards

Sandeep Kumar Sahu
CA, BHEL

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

03 June 2012 Section 197 prescribes for Certificate for Deduction at lower rate whereas the section 195(6) deals with the furnishing of information relating to foreign remittances. We can say that both the sections are independent.
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If we go through Rule 37BB,Accountants certificate is necessary for meeting the requirement of 195(6).
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37BB.
(1) The information under sub-section (6) of section 195 shall be furnished by the person responsible for making the payment to a non-resident, not being a company, or to a foreign company, after obtaining a certificate from an accountant as defined in the Explanation to section 288 of the Income-tax Act, 1961.

(2) The information to be furnished under sub-section (6) of section 195 shall be in Form No. 15CA and shall be verified in the manner indicated therein and the certificate from an accountant referred to in sub-rule (1) shall be obtained in Form No. 15CB.
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So the relaxation enjoyed earlier may not necessarily prevail now.
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You are required to Obtain 15CB.
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