Signing authority of Form 15 CA, CB FOREX AMD TURNOVER REGARDING

Can a cost accountant and company secretary sign Subject mentioned forms.. now only CA is doing it. If not, what docs can be certified by them 

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The signing authority for Forms 15CA and 15CB is distinct because they serve different purposes in the foreign remittance process.

Form 15CB: Chartered Accountant Only

Form 15CB is a Tax Determination Certificate. It must be signed and certified by a practicing Chartered Accountant (CA) registered with the Institute of Chartered Accountants of India (ICAI) and the Income Tax e-Filing portal.

  • Role: The CA examines the remittance, verifies the applicability of the Income Tax Act and Double Taxation Avoidance Agreements (DTAA), and certifies the appropriate Tax Deduction at Source (TDS).

  • Requirement: This form is mandatory for taxable remittances exceeding ₹5 lakh in a financial year (unless an order from an Assessing Officer has been obtained).

Form 15CA: The Remitter

Form 15CA is a self-declaration filed by the person or entity responsible for making the payment (the remitter).

  • Signing Authority: It is signed by the remitter (e.g., the individual, the authorized signatory of a company, or a representative assessee).

  • Verification: It can be e-verified by the remitter using a Digital Signature Certificate (DSC) or an Electronic Verification Code (EVC) via the Income Tax e-Filing portal.

Can Cost Accountants or Company Secretaries sign these forms?

No, neither a Cost Accountant nor a Company Secretary has the authority to sign or certify Form 15CB under the current provisions of the Income Tax Act (Section 195 and Rule 37BB). This specific tax certification is legally reserved for Chartered Accountants as defined under Section 288 of the Income Tax Act.

Summary of Roles

Form Who Signs/Certifies? Purpose
Form 15CB Chartered Accountant Certifies the taxability and TDS compliance of the payment.
Form 15CA The Remitter Self-declaration by the person sending the money.

 

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