15ca / 15cb, new form ? rule 37bb

TDS 2362 views 5 replies

Hello

Section 195 (6) of Income Tax Act, 1961 as amended by Finance Act, 2015 provides that Form 15 CA/CB is required to be furnished whether payment to non resident is chargeble to tax or not..
 
So it means all the Foreign Remittance will be cover under this latest amendment from 1st June 2015.. so does the Negative List under Rule 37BB still prevail after the 2015 amendment ?
 
I checked the Income Tax Rules on Income Tax Site but it is still not updated as on 3th June 2015.. hence it still says only about payment to non resident if chargeable to tax.
and the Forms on https://incometaxindiaefiling.gov.in/ still says "Information to be furnished for payments, chargeable to tax, to a non-resident not being a company, or to a foreign company."
it means new form is still no available... then how can one file 15CA from 1st June for foreign remittance? afterall penalty maybe now upto Rs.100000/-

And does the limit of Rs.50000/- and Rs.250000/- still available after the amendment.
 
This amendment is making business more difficult... as Nationalised Bank wants form 15CA/15CB for foreign remittance and private banks are send remittance without any such form.
 
 
 


 
Replies (5)

Yes.  Though the amendment to section 195(6) of IT ACT is effective from 01/06/2015, corresponding amendment to Rule 37BB/Notification 67/2013 have not been made so far.

Hence as per the Rule 37BB, 15CA has to be furnished only in the case of remittances taxable as per IT ACT.

But Bank want 15CA and 15CB.. even in case where Withholding Tax is not required. They dont understand all this rules.. they only know they are asked by Department and RBI to collect 15CA and 15CB.

 

Good Goverance :)

Amendment to Rule 37BB has come now on 16th Dec 2015 and will be effective from 1st April 2016.

And some more changes in Rule...

So something better to understand the section with rules.

 

Rule 37BB has been amended by a notification issued on 16/12/2015 and effective from 01/04/2016 and details are as follows:

Form 15CA for remittance particulars  and Auditors' Certificate in 15CB are not required  to be furnished by an individual for remittance which do not require RBI approval under its LRS.  Further,  the list of payments of specified nature mentioned in Rule 37 BB which do not require submission of Forms 15CA and 15CB has been expanded from 28 to 33 including payments for imports. A CA certificate in Form No. 15CB will be required to be furnished in the format indiated in PART C  only in respect of such payments made to non-residents which are chargeable to tax and the amount of payment during the year exceeds Rs. 5 lakh. For remittances upto 5 lakhs  which are chargeable to tax are required to be furnished in PART A  but no certificate from CA in form 15 CB is necessary in such cases.However,  payments made to non-residents which are not chargeable to tax and also not in the list of 33 specified items are required to be furnished in PART D of form 15CA.

Form 15 CC is also mentioned... dont know much about it.. so now will have to wait for more detail of Form 15 CC and to whom it will apply as per new rules.


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