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[Notification No. 111/2022/F. No. 370142/32/2022-TPL] [Notification No. 49/2022/F.No.370142/6/2022-TPL]

4. THE GAZETTE OF INDIA : EXTRAORDINARY  [PART II—SEC. 3(i)]

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF DIRECT TAXES)

NOTIFICATION

INCOME-TAX

New Delhi, the 18th December, 2019

G.S.R. 937(E).—In exercise of the powers conferred by clause (c) of sub-section (2) of section 80JJAA read with 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 (15th Amendment) Rules, 2019.

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

  • In the Income-tax Rules, 1962, in APPENDIX II, for ‘Form No. 10DA’, the following ‘Form’ shall be substituted, namely:-

‘ FORM NO. 10DA

  [See rule 19AB]  
  Report under section 80JJAA of the Income-tax Act, 1961
1.I/ We* have examined the accounts and  records of (Name  and  address  of  the  assessee
with Permanent Account Number/Aadhaar number) engaged in the business of  
of during the year ended on 31st day of March.
       
  • I/We* certify that the deduction to be claimed by the assessee under sub-section (1) of section 80JJAA of

Income- tax Act,  1961,  in respect  of the assessment  year  is Rs.

determined on the basis of additional employee cost incurred in the case of said business by the assessee . The said amount has been worked out on the basis of details given in Annexure to this form.

Place:

Date:

(Signature and Stamp/Seal of the Accountant)

Name of the Signatory

Full Address

Membership No.

.

Notes:

  1. *Delete whichever is not applicable.
  • This report is to be given by a chartered accountant within the meaning of the Chartered Accountants Act,1949 who holds a valid certificate of practice under section 6(1) of that Act and is not a person referred to in clause (a) or clause (b) of the Explanation below sub-section (2) of section 288.
  • Where any of the matter stated in this report is answered in the negative or with a qualification, the report shall state the reasons therefor.
   ANNEXURE
   (See paragraph 2 of Form No.10DA)
     
1.Name of the assessee 
2.Address of the assessee 
3.Permanent Account Number/ Aadhaar number of the assessee 
4.Assessment Year 
     
5.Additional employee cost incurred 
     
 (I)In case of an existing business,- 
     
  (a)number of employee as on the last day of the immediately preceding year. 
     

   5

  (b)number of employee employed during the previous year. 
        
  (c)number of additional employees*, the emoluments of whom is eligible for deduction 
   under section 80JJAA,-      
        
   (i)employed during the previous year,c(i)  
           
   (ii)employedduringtheimmediatelyc(ii)  
    preceding year      
           
   (iii)Total [c(i)+c(ii)]    c(iii) 
       
  (d)Total amount  of emoluments  ** paid or  payable to additional employee entitled for 
   deduction u/s 80JJAAin respect of,-    
       
   (i)additional employee referred in (c)(i)d(i)  
        
   (ii)additional employee referred in ( c)(ii)d(ii)  
         
   (iii)Total  amount # [d(i)+d(ii)]  d(iii) 
       
  (e)The amount of deduction eligible u/s 80JJAA in respect of payments for the emoluments 
   paid or payable to the additional employee  in respect of,- 
       
   (i)the  previous  year  [30%  of  the  amounte(i)  
    computed in (d)(iii)]     
           
   (ii)theimmediatelyprecedingyear  to  thee(ii)  
    previous year       
            
   (iii)theyear   priortotheimmediatelye(iii)  
    preceding previous year     
         
   (iv)Total [e(i)+e(ii)+ e(iii)]#  e(iv) 
       
 IIIn  case  of  a  new  business,  30%  of  emoluments  **paid  or  payable  to  additional  employees 
  employed during the first year of business,#.    
            
6 Remarks.         
             

Notes:

  1. * “additional employee” means an employee who has been employed during the previous year or in the immediately preceding year, as the case may be, but does not include,—
  • an employee whose total emoluments are more than twenty-five thousand rupees per month; or
  • an employee for whom the entire contribution is paid by the Government under the Employees’ Pension Scheme notified in accordance with the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); or
  • an employee employed for a period of less than two hundred and forty days(one hundred and fifty days in case of an assess engaged in business of manufacturing of apparel or footwear or leather products) during the previous year ;or
    • an employee who does not participate in the recognised provident fund.
  • ** “emoluments” means any sum paid or payable to an employee in lieu of his employment by whatever name called, but does not include—
  • any contribution paid or payable by the employer to any pension fund or provident fund or any other fund for the benefit of the employee under any law for the time being in force; and
  • any lump-sum payment paid or payable to an employee at the time of termination of his service or
  • 6. THE GAZETTE OF INDIA : EXTRAORDINARY[PART II—SEC. 3(i)]

superannuation or voluntary retirement, such as gratuity, severance pay, leaves encashment, voluntary retrenchment benefits, commutation of pension and the like.

  • # The amount shall not include the emoluments, paid otherwise than by an account payee cheque or account payee bank draft or by way of a electronic clearing system through a bank account or through such other prescribed electronic mode. ’.

[Notification No. 104 /2019/F.No. 370142/28/2019-TPL]

JAVED AKHTAR,

Director (Tax Policy & Legislation)

Note: The principal rules were published in the Gazette of India Extraordinary, Part-II, Section-3, Sub-Section (ii), Vide Number S.O. 969(E), dated the 26th March,1962, and last amended vide notification number G.S.R. 858(E), Dated 18.11.2019.

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