Circular No. 04/2009
F.No.142/19/2007-TPL
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Direct Taxes)
****
New Delhi, the 29
th June, 2009
Subject:- Remittances to non-residents under section 195 of the Income-tax Act ––
matters connected thereto - reg.
Section 195 of the Income-tax Act, 1961 mandates deduction of income tax from
payments made or credit given to non-residents at the rates in force. The Reserve Bank of
India has also mandated that except in the case of certain personal remittances which have
been specifically exempted, no remittance shall be made to a non-resident unless a no
objection certificate has been obtained from the Income Tax Department. This was
modified to allow such remittances without insisting on a no objection certificate from the
Income Tax Department, if the person making the remittance furnishes an undertaking
(addressed to the Assessing Officer) accompanied by a certificate from an Accountant in a
specified format. The certificate and undertaking are to be submitted (in duplicate) to the
Reserve Bank of India / authorised dealers who in turn are required to forward a copy to the
Assessing Officer concerned. The purpose of the undertaking and the certificate is to
collect taxes at the stage when the remittance is made as it may not be possible to recover
the tax at a later stage from non-residents.
2. There has been a substantial increase in foreign remittances, making the manual
handling and tracking of certificates difficult. To monitor and track transactions in a timely
manner, section 195 was amended vide Finance Act, 2008 to allow CBDT to prescribe
rules for electronic filing of the undertaking. The format of the undertaking (Form 15CA)
which is to be filed electronically and the format of the certificate of the Accountant (Form
15CB) have been notified vide Rule 37BB of the Income-tax Rules, 1962.
3. The revised procedure for furnishing information regarding remittances being
made to non-residents
(i) The person making the payment (remitter) will obtain a certificate from an
accountant* (other than employee) in Form 15CB.
(ii) The remitter will then access the website to electronically upload the remittance
details to the Department in Form 15CA (undertaking). The information to be furnished in
Form 15CA is to be filled using the information contained in Form 15CB (certificate).
w.e.f. 1st July, 2009 is as follows:-*
1949 (38 of 1949), and includes, in relation to any State, any person who by virtue of the provisions of subsection
(2) of section 226 of the Companies Act, 1956 (1 of 1956), is entitled to be appointed to act as an
auditor of companies registered in that State.
An “accountant” means a chartered accountant within the meaning of the Chartered Accountants Act,-2-
F.No.142/19/2007-TPL
(iii) The remitter will then take a print out of this filled up Form 15CA (which will
bear an acknowledgement number generated by the system) and sign it.
(undertaking) can be signed by the person authorised to sign the return of income of
the remitter or a person so authorised by him in writing.
Form 15CA(iv) The duly signed Form 15CA (undertaking) and Form 15CB (certificate), will be
submitted in duplicate to the Reserve Bank of India / authorized dealer. The Reserve Bank
of India / authorized dealer will in turn forward a copy the certificate and undertaking to
the Assessing Officer concerned.
(v) A remitter who has obtained a certificate from the Assessing Officer regarding the
rate at or amount on which the tax is to be deducted is not required to obtain a certificate
from the Accountant in Form 15CB. However, he is required to furnish information in
Form 15CA (undertaking) and submit it along with a copy of the certificate from the
Assessing Officer as per the procedure mentioned from Sl.No.(i) to (iv) above.
(vi) A flow chart regarding filing of Form 15CA and Form 15CB is enclosed at
Annexure -A.
4. The Directorate General of Income-tax (Systems) (
shall specify the procedures, formats and standards for running of the scheme as well as
instructions for filling up Forms 15CA and 15CB. These forms shall be available for
upload and printout at
www.incometaxindia.gov.in)www.tin-nsdl.com.5. The Reserve Bank of India is being requested to circulate the revised procedure
among all authorised dealers.
(Anand Kumar Kedia)
Secretary
,Central Board of Direct Taxes.
Copy to :
1. PS to FM/OSD to FM/ OSD to MoS(R)
2. PS to Secretary(Revenue)/ OSD to Advisor to FM.
3. The Chairman, Members and all other officers in CBDT of the rank of Under Secretary and above.
4. All Chief Commissioners/Directors General of Income-tax – with a request to circulate amongst all officers
in their regions/charges.
5. DGIT(Systems)/DGIT(Vigilance)/DGIT(Admn.)/DG(NADT)/DGIT(L&R)
6. Media Co-ordinator and Official spokesperson of CBDT with a request to post it on the Dept. website.
7. DIT(IT)/DIT(RSP&PR)/DIT(Audit)/DIT(Vig.)/DIT(Systems)/DIT(O&MS)/ DIT(Spl.Inv.).
8. The Reserve Bank of India (RBI) with a request
authorised dealers.
to circulate the revised procedure among all9. The Comptroller and Auditor General of India (10 copies).
10. Joint Secretary and Legal Advisor, Ministry of law and Justice, New Delhi.
11. The Institute of Chartered Accountants of India, IP Estate, New Delhi.
12. All Chambers of Commerce as per usual mailing list.
(Anand Kumar Kedia)
Secretary to CBDT
****************
Remitter
Obtains certificate of Accountant (Form 15CB).
This form is available
www.tin-nsdl.com
at the websiteRBI/Authorized dealer remits the
Amount
Submits the signed paper
undertaking form to the
RBI/Authorized dealer along with
certificate of an Accountant in
duplicate.
Printout of the undertaking form
(15CA) is signed
Electronically uploads the remittance
details in Form 15CA
Takes printout of filled undertaking
form (15CA) with system generated
acknowledgement number.
A copy of undertaking (Form
15CA) & certificate of
Accountant (Form 15CB)
forwarded to Assessing Officer
Accesses the above
website
Annexure – A
Kindly refer circular.
CAclubindia
