Income-tax (21st Amendment) Rules, 2021


Quick Summary
The Income-tax (21st Amendment) Rules, 2021, have been introduced to amend the Income-tax Rules, 1962. These new rules come into effect from the date of their publication in the Official Gazette. A significant change involves the omission of several specific rules and numerous forms listed in Appendix II. However, any pending proceedings or agreements related to these omitted rules and forms will continue as if they had not been omitted. Additionally, the rules introduce provisions for the electronic furnishing of various tax-related documents, with specifications to be provided by the Principal Director General of Income-tax (Systems).

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 29th July, 2021
(INCOME-TAX)


G.S.R. 514(E).– In exercise of the powers conferred by section 295 of the Income-tax Act, 1961, (43 of 1961) the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. Short title and commencement.– (1) These rules may be called the Income-tax (21st Amendment) Rules, 2021.

(2) They shall come into force from the date of publication of notification in the Official Gazette.

2. In the Income-tax Rules, 1962, after rule 129, the following rules shall be inserted, namely:- ―130. Omission of certain rules and Forms and savings.-(1) Rules 5A, 5AB, 6ABB, 12B, 12BA, 16D, 16DD, 16E, 16F, 18B, 18BB, 18BBA, 18DD, 18DDA, 20AB, 29AA, 29D, 37, 37E, 37F, 44A, 48, 123 and rule 124 shall be omitted.

(2) In Appendix II, Forms ITR-8, 2B, 2C, 2E, 3AA, 3AAA, 3BA, 4, 5, 5A, 10AA, 10C, 10CC, 10CCA, 10CCAA, 10CCAB, 10CCABA, 10CCAC, 10CCAD, 10CCAE, 10CCAF, 10CCAG, 10CCAH, 10CCAI, 10CCBA, 10CCBB, 10CCBBA, 10CCBC, 10CCBD, 10DB, 10DC, 10G, 10HA, 11, 11A, 12, 12A, 15I, 15J, 16AA, 22, 24, 26, 27E, 30, 34A, 34B, 34BA, 37, 37EE, 37F, 37G, 37H, 37-I, 54, 55, 56A, 56AA, 56B, 56BA, 56C, 56CA, 56E, 56F, 56FF, 56G, 56H, 58A, 58B, 63, 63A and Form 63AA shall be omitted.

(3) Notwithstanding such omission, on and from the date of commencement of this rule–

(i) any proceeding pending before any income-tax authority, any Appellate Tribunal or any court, by way of appeal, reference or revision, shall be continued and disposed of as if rules and forms mentioned in sub-rule (1) and sub-rule (2) have not been omitted;

(ii) any agreement entered into, appointment made, approval given, recognition granted, direction, instruction, notification or order issued under the rules and Forms mentioned in sub-rule (1) and sub-rule

(2) shall be deemed to continue in force as if rules and forms mentioned in sub-rule (1) and sub-rule (2) have not been omitted.

131. Electronic furnishing of Forms, Returns, Statements, Reports, orders etc.- (1) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, may with the approval of the Board specify that any of the Forms, returns, statements, reports, orders, by whatever name called, prescribed in Appendix II, shall be furnished electronically—

(i) under digital signature, if the return of income is required to be furnished under digital signature; or

(ii) through electronic verification code in a case not covered under clause (i).

(2) The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be, shall-

(i) with the approval of the Board specify the Forms, returns, statements, reports, orders, referred to in sub-rule (1), which are to be furnished electronically;

(ii) lay down the data structure, standards and procedure of furnishing and verification of such Forms, returns, statements, reports, orders, including modification in format, if required, to make it compatible for furnishing electronically; and

(iii) be responsible for formulating and implementing appropriate security, archival and retrieval policies in relation to the said Forms, returns, statements, reports, orders.‖.

[Notification No. 83/2021/F. No. 370142/30/2021-TPL]
ANKIT JAIN, Under Secy. (Tax Policy and Legislation Division)

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Subsection (ii) vide notification number S.O. 969 (E), dated the 26th March, 1962 and last amended vide notification number G.S.R. 509(E) dated 27th July, 2021.

FAQ :

These rules came into force from the date of their publication in the Official Gazette.

A significant change is the omission of several specific rules and numerous forms listed in Appendix II of the Income-tax Rules, 1962.

Yes, any pending proceedings, agreements, appointments, or approvals related to the omitted rules and forms will continue to be dealt with as if they had not been omitted.

The rules introduce provisions for the electronic furnishing of various tax forms, returns, statements, reports, and orders.

The Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), with the approval of the Board, will specify which documents are to be furnished electronically and lay down the procedures.

 
Notification No : 83/2021
Source : https://egazette.nic.in/WriteReadData/2021/228559.pdf



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