New IT Rules w.r.t. omission of certain Rules & Forms and electronic furnishing of returns, statements etc.

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The CBDT vide Notification No. 83/2021, dated July 29, 2021 has issued the Income-tax (21st Amendment) Rules, 2021 to further amend the Income-tax Rules, 1962 (“IT Rules”) in a following manner:

Inserted Rule 130 to the IT Rules – Omitted certain Rules and Forms under the provisions of Income-tax. Further clarified that, any proceeding pending before any Income-Tax Authority/Appellate Tribunal/Court, by way of appeal, reference or revision, shall be continued and disposed of as if such Rules and Forms have not been omitted.

Inserted Rule 131 to the IT Rules – For electronic furnishing of Income-tax Forms, Returns, Statements, Reports, and orders etc. (“Documents”) under digital signature or through electronic verification code. Further, the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems) shall:

with the approval of the Board, specify such Documents

an lay down the data structure, standards and procedure of furnishing and verification of such Documents:

be responsible for formulating and implementing appropriate security, archival and retrieval policies w.r.t. the Documents.

New Rule 130 and Rule 131 of the IT Rules reads as below:

“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.”

The Notification can be accessed at: https://egazette.nic.in/WriteReadData/2021/228559.pdf

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