(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 12th April, 2019
G.S.R. 304(E).—In exercise of powers conferred by sections 200 and 203 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
- These rules may be called the Income-tax (3rd Amendment) Rules, 2019.
- They shall come into force on 12th day of May, 2019.
- In the Income-tax Rules, 1962, in Appendix II–
(A) in Form No. 16,–
(i) the “Notes” occurring after “Part A” shall be omitted;
(ii) for “Part B (Annexure), the following shall be substituted, namely:–
8 . THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
“Part B (Annexure)
Details of Salary Paid and any other income and tax deducted
- Gross Salary
| (a) | Salary as per provisions contained in section 17(1) | Rs. … | ||
| (b) | Value of perquisites under section 17(2) (as per Form No. 12BA, | Rs. … | ||
| wherever applicable) | ||||
| (c) | Profits in lieu of salary under section 17(3) (as per Form No. | Rs. … | ||
| 12BA, wherever applicable) | ||||
| (d) | Total | Rs. … | ||
| (e) | Reported total amount of salary received from other employer(s) | Rs. … | ||
- Less: Allowances to the extent exempt under section 10
| (a) | Travel concession or assistance under section 10(5) | Rs. … |
| (b) | Death-cum-retirement gratuity under section 10(10) | Rs. … |
| (c) | Commuted value of pension under section 10(10A) | Rs. … |
| (d) | Cash equivalent of leave salary encashment under section | Rs. … |
| 10(10AA) | ||
| (e) | House rent allowance under section 10(13A) | Rs. … |
- Amount of any other exemption under section 10
| clause … | Rs. … | |
| clause … | Rs. … | |
| clause … | Rs. … | |
| clause … | Rs. … | |
| clause … | Rs. … | |
| … | Rs. … | |
| (g) | Total amount of any other exemption under section 10 | Rs. … |
| (h) | Total amount of exemption claimed under section 10 | Rs. … |
| [2(a)+2(b)+2(c)+2(d)+2(e)+2(g)] | ||
| 3. | Total amount of salary received from current employer [1(d)-2(h)] | Rs. … |
- Less: Deductions under section 16
| (a) | Standard deduction under section 16(ia) | Rs. … | ||
| (b) | Entertainment allowance under section 16(ii) | Rs. … | ||
| (c) | Tax on employment under section 16(iii) | Rs. … | ||
| 5. | Total amount of deductions under section 16 [4(a)+4(b)+4(c)] | Rs. … | ||
| 6. | Income chargeable under the head “Salaries” [(3+1(e)-5] | Rs. … | ||
- Add: Any other income reported by the employee under as per section 192 (2B)
| (a) | Income (or admissible loss) from house property reported by | Rs. … | ||
| employee offered for TDS | ||||
| (b) | Income under the head Other Sources offered for TDS | Rs. … | ||
| 8. | Total amount of other income reported by the employee | Rs. … | ||
| [7(a)+7(b)] | ||||
| 9. | Gross total income (6+8) | Rs. … | ||
- Deductions under Chapter VI-A
- Amount deductible under any other provision(s) of Chapter VI‐A
| section … | Rs. … | Rs. … | Rs. … | |
| section … | Rs. … | Rs. … | Rs. … | |
| section … | Rs. … | Rs. … | Rs. … | |
| section … | Rs. … | Rs. … | Rs. … | |
| section … | Rs. … | Rs. … | Rs. … | |
| section … | Rs. … | Rs. … | Rs. … | |
| … | Rs. … | Rs. … | Rs. … | |
| (l) | Total of amount deductible under any other provision(s) of | Rs. … | Rs. … | Rs. … |
| Chapter VI‐A | ||||
| 11. | Aggregate of deductible amount under Chapter VI-A | Rs. … | ||
| [10(a)+10(b)+10(c)+10(d)+10(e)+10(f)+10(g)+10(h)+10(i) | ||||
| 10(j)+10(l)] | ||||
| 12. | Total taxable income (9-11) | Rs. … | ||
| 13. | Tax on total income | Rs. … | ||
| 14. | Rebate under section 87A, if applicable | Rs. … | ||
| 15. | Surcharge, wherever applicable | Rs. … | ||
| 16. | Health and education cess | Rs. … | ||
| 17. | Tax payable (13+15+16-14) | Rs. … | ||
| 18. | Less: Relief under section 89 (attach details) | Rs. … | ||
| 19. | Net tax payable (17-18) | Rs. … | ||
| Verification |
I, …………………………….., son/daughter of ……………………………………….working in the capacity of
.……………………………… (designation) do hereby certify that the information given above is true, complete and
correct and is based on the books of account, documents, TDS statements, and other available records.
| Place………………………………… | (Signature of person responsible for |
| deduction of tax) | |
| Date……………………………….… | Full Name : …………………………… |
10. THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
Notes:
- Government deductors to fill information in item I of Part A if tax is paid without production of an income-tax challan and in item II of Part A if tax is paid accompanied by an income-tax challan.
- Non-Government deductors to fill information in item II of Part A.
- The deductor shall furnish the address of the Commissioner of Income-tax (TDS) having jurisdiction as regards TDS statements of the assessee.
- If an assessee is employed under one employer only during the year, certificate in Form No. 16 issued for the quarter ending on 31st March of the financial year shall contain the details of tax deducted and deposited for all the quarters of the financial year.
- (i) If an assessee is employed under more than one employer during the year, each of the employers shall issue Part A of the certificate in Form No. 16 pertaining to the period for which such assessee was employed with each of the employers.
- Part B (Annexure) of the certificate in Form No.16 may be issued by each of the employers or the last employer at the option of the assessee.
- In Part A, in items I and II, in the column for tax deposited in respect of deductee, furnish total amount of tax, surcharge and health and education cess.
- Deductor shall duly fill details, where available, in item numbers 2(f) and 10(k) before furnishing of Part B (Annexure) to the employee.”;
(B) in Form No. 24Q, for “Annexure II”, the following “Annexure” shall be substituted, namely:–
| “Annexure II | ||||||||
| Details of salary paid or credited during the financial year ………………………….and net tax payable | ||||||||
| Serial | Permanent | Name of the | Deductee | Date from and | Gross | Value of | Profits in lieu | Total amount |
| number. | Account | employee. | type | date up to | Salary as | perquisites | of salary under | of gross salary |
| Number | (Senior | employed with | per | under section | section 17(3) | received from | ||
| of the | Citizen, | current | provisions | 17(2) | (as per Form | current | ||
| employee. | Super | employer in | contained | (as per | No.12BA, | employer (see | ||
| Senior | the current | in section | FormNo.12BA, | wherever | Note 1 for | |||
| Citizen, | financial year | 17(1). | wherever | applicable). | definition of | |||
| Others). | (dd/mm/yyyy). | applicable). | Salary). | |||||
| (330) | (331) | (332) | (333) | (334) | (335) | (336) | (337) | (338) |
| Reported | Travel | Death- | Commuted | Cash | House | PAN of | Amount of | Total | Total |
| total amount | conces- | cum- | value of | equiva- | rent | landlord, if | any other | amount of | deducti |
| of salary | sion or | retireme | Pension | lent of | allowance | exemption | exemption | exemption | on |
| received | assistance | nt | Under | leave | under | is claimed | under | claimed | under |
| from other | under | gratuity | Section | salary | section | under | section 10. | under | section |
| employer(s) | section | under | 10(10A). | encash- | 10(13A). | section | section 10 | 16(ia). | |
| (see Note 1 | 10(5). | section | ment | 10(13A) | (340+341+3 | ||||
| for definition | 10(10). | under | (see Note 3). | 42+343+34 | |||||
| of Salary). | section 10 | 4+346). | |||||||
| (10AA). |
| (339) | (340) | (341) | (342) | (343) | (344) | (345) | (346) | (347) | (348) | |
| Total | Total | Income | Income | PAN of | Income | Gross total | Deduction in | Deduction | Deduction |
| deduction | deduction | chargeable | (or | lender, if | under | income | respect of | in respect | in respect |
| under | under | under the | admissible | interest | the head | (351+352+ | life | of | of |
| section | section | head | loss) from | on | other | 354). | insurance | contribution | contribution |
| 16(ii). | 16(iii). | “Salaries” | house | housing | sources | premia, | to certain | by taxpayer | |
| [338+339- | property | loan is | offered | contributions | pension | to notified | |||
| (347+348+ | reported | claimed | for TDS | to provident | funds under | pension | |||
| 349+350)]. | by | under | as per | fund etc. | section | scheme | |||
| employee | section | section | under | 80CCC. | under | ||||
| offered | 24(b) | 192 | section 80C. | section | |||||
| for TDS | (see | (2B). | 80CCD(1). | ||||||
| as per | Note 4). | ||||||||
| section | |||||||||
| 192 (2B). | |||||||||
| (349) | (350) | (351) | (352) | (353) | (354) | (355) | (356) | (357) | (358) |
| Deduction | Deduction | Deducti | Deduction in | Total | Deducti | Amount | Total amount | Total | Income- |
| in respect | in respect of | on in | respect of | deduction | on in | deductible | deductible | taxable | tax on |
| of amount | contribution | respect | interest on | in respect | respect | under any | under Chapter | income | total |
| paid or | by employer | of | loan taken | of | of | other | VI‐A | (355- | income. |
| deposited | to notified | health | for higher | donations | interest | provision(s) | [356+357+358 | 366). | |
| under | pension | insuranc | Education | to certain | on | of Chapter | (limited to | ||
| notified | scheme | e premia | under section | funds, | deposits | VI‐A. | Rs. 1,50,000) | ||
| pension | under | under | 80E. | charitable | in | +359+360 | |||
| scheme | section | section | institutions, | savings | +361+362 | ||||
| under | 80CCD(2). | 80D. | etc. under | account | +363+364 | ||||
| section | section | under | +365]. | ||||||
| 80CCD | 80G. | section | |||||||
| (1B). | 80TTA. | ||||||||
| (359) | (360) | (361) | (362) | (363) | (364) | (365) | (366) | (367) | (368) |
12 .THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
| Rebate | Surcharge, | Health | Income‐tax | Net tax liability | Total amount of | Reported | Total | Shortfall in |
| under | wherever | and | Relief | [368+370+371- | tax deducted at | amount of | amount of | tax |
| section | applicable. | education | Under | (369+372)]. | source by the | tax deducted | tax | deduction |
| 87A, if | cess. | section 89, | current | at source by | deducted | (+) or | ||
| applicable. | When | employer for the | other | at source | excess tax | |||
| salary, etc. | whole year | employer(s) | for the | deduction | ||||
| is paid in | [aggregate of | or | whole year | (‐) (373- | ||||
| arrear or | the amount in | deductor(s) | (374+375). | 376). | ||||
| advance. | columns 325 of | (income in | ||||||
| Annexure I for | respect of | |||||||
| all the quarters | which | |||||||
| in respect of | included in | |||||||
| each employee]. | computing | |||||||
| total taxable | ||||||||
| income in | ||||||||
| column 339). | ||||||||
| (369) | (370) | (371) | (372) | (373) | (374) | (375) | (376) | (377) |
Notes:
- Salary includes wages, annuity, pension, gratuity (other than exempted under section 10(10)), fees, commission, bonus, repayment of amount deposited under the Additional Emoluments (Compulsory Deposit) Act, 1974 (8 of 1974), perquisites, profits in lieu of or in addition to any salary or wages including payments made at or in connection with termination of employment, advance of salary, any payment received in respect of any period of leave not availed (other than exempted under section 10 (10AA)), any annual accretion to the balance of the account in a recognised provident fund chargeable to tax in accordance with rule 6 of Part A of the Fourth Schedule of the Income-tax Act, 1961, any sums deemed to be income received by the employee in accordance with sub‐rule (4) of rule 11 of Part A of the Fourth Schedule of the Income-tax Act, 1961, any contribution made by the Central Government to the account of the employee under a pension scheme referred to in section 80CCD or any other sums chargeable to income-tax under the head ‘Salaries’.
- Where an employer deducts from the emoluments paid to an employee or pays on his behalf any contributions of that employee to any approved superannuation fund, all such deductions or payments should be included in the statement.
- Permanent Account Number of landlord shall be mandatorily furnished where the aggregate rent paid during the previous year exceeds one lakh rupees.
- Permanent Account Number of lender shall be mandatorily furnished where the housing loan, on which interest is paid, is taken from a person other than a Financial Institution or the Employer.”.
[Notification No. 36/2019/F.No. 370142/4/2019-TPL]
SAURABH GUPTA, Under Secy.
(Tax Policy and Legislation)
Note: The Principal Rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide notification number S.O. 969(E) dated the 26th of March, 1962 and were last amended vide notification number G.S.R No. 279(E) dated 01/04/2019.
