Saturday 18 February 2012

Non Residents Having Liaison Office to File Annual Return

CBDT has inserted Rule 114DA and Form No 49C for all non residents who are having liaison office in India for filing of annual return mandatorily from 01/04/2012 . The annual statement shall be verified by the Chartered Accountant or the person authorised in this behalf by the non-resident person. Further , as per the Rule ,the  annual statement in Form 49C  shall be furnished in electronic form along with digital signature .
Read the new rule below
INCOME-TAX (SECOND AMENDMENT) RULES, 2012 – INSERTION OF RULE 114DA AND FORM NO.49C
NOTIFICATION NO.5/2012[F.NO.142/25/2011-SO(TPL)], DATED 6-2-2012
INCOME-TAX
S.O…………(E).- In exercise of the powers conferred by section 285 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. (1). These rules may be called the Income-tax (2nd Amendment) Rules, 2012.
(2). They shall come into force on the 1st day of April, 2012.
2. In the Income-tax Rules, 1962 (hereafter referred to as the principal rules), –
(a) after rule 114D, the following rule shall be inserted, namely.-
“114DA. Furnishing of Annual Statement by a non-resident having Liaison Office in India.—(1) The annual statement as provided under section 285 for every financial year, shall be furnished in Form No. 49C.
(2) The annual statement referred to in sub-rule (1) shall be duly verified by the Chartered Accountant or the person authorised in this behalf by the non-resident person, who shall be known as the Authorised Signatory.
(3) The annual statement referred to in sub-rule (1) snail be furnished in electronic form along with digital signature.
(4) The Director General of Income-tax (Systems) shall specify the procedure for filing of annual statement referred to in sub-rule (l)and shall also be responsible for formulating and implementing appropriate security, archival and retrieval policies in relation to statements so furnished. “;

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