Income Tax Cadre Review and Restructuring may be cleared in a month

Following are the excerpts from the ITEF blog. 
"...Shri. Prakash Chandra, Chairman, CBDT was in Mumbai on 28^th and 29^thJuly, 2011(It must be a typing error, please consider it as "June".).  We took the opportunity to meet him and discuss certain issues:  We give hereunder the issues raised and his response thereon:

1.        Cadre restructuring Proposal:  Chairman informed us that the Director in CBDT has been asked to interact with the concerned in DOPT to clarify the points raised by them so as to avoid the delay.  He expects to get the clearance of DOPT within a month's time.

2.       Pending Issues:  We have handed over him a copy of the minutes of the last formal meeting with his predecessor.  He has assured to get the orders/instructions issued by the Board wherever further discussions are not needed.  He will meet the representatives of ITEF on 8^th July,2011 at New Delhi and if the ongoing JPC meetings are concluded he would meet and address the pending issues on that day itself or shall indicate the date convenient to him.

3.       Video Conferencing:  We have pointed out the futility of participating in the present format of video conferencing as there is little time to present the case and get response.  We have suggested that in view of the paucity of time, the representatives of a particular zone alone may be permitted to raise the issue, so that over a period everybody will get time to interact with the Chairman. Chairman was appreciative of this suggestion and would like to be presented the same for his consideration formally.  We seek you view in the matter.  What we intend to propose is as under.

A.      The date and time of video conferencing will be intimated well in advances.

B.      Only the issues a particular zone will be discussed in one conference. The others will have to await their turn for the next and subsequent conferences.

C.      The issues concerning a particular charge taken up with the CCITs but not resolved due to the absence of approval or clarification from Board will be raised.

D.      The query with the relevant information maybe e-mailed to the Chairman well in advance so that a proper decision could be conveyed in the conference itself.

E.       All India issues, which are being addressed  formally in the bilateral meetings need not be raised unless the action on decisions are delayed or decisions taken are not followed up by the section heads of the Board.

We feel that if this arrangement is agreed upon, the conference will have a smooth and orderly functioning and everybody will get an opportunity to get their long pending issues projected before the Chairman...."

Income Tax Return relief for salaried taxpayers

The Central Board of Direct Taxes (CBDT) yesterday notified that salaried individuals having a total income up to Rs 5 lakh after allowable deductions, including salary from one employer and interest income from deposits in a savings bank account of up to Rs 10,000, need not file income tax returns.

TDS certificate From 16A to be downloaded and issued.

Form No. 16A now generated from Tax Information Network (TIN). Mandatory for Companies and Banks to issue Form 16A from TIN to their deductees for deductions made from April 1, 2011 (F.Y. 2011-12).

CIRCULAR NO. 03 /2011

F. No 275/34/2011-( IT-B)

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi, dated the   13^th  May, 2011

Subject: Issuance of TDS Certificates in Form No. 16A downloaded from TIN Website and option to authenticate the same by way of digital signature – Circular under section 119 of the Income-tax Act 1961.

  Section 203 of the Income-tax Act 1961 (‘the Act’) read with the Rule 31 of the Income-tax Rules 1962 (‘the IT Rules’) provides for furnishing of certificate of tax deduction at source (TDS) by the deductor to the deductee specifying therein the prescribed particulars like amount of TDS, permanent account number (PAN), tax deduction and collection account number (TAN), etc.  The relevant form for such TDS certificate is Form No.16 in case of deduction under section 192 and Form No.16A for deduction under any other provisions of Chapter XVII-B of the Act. TDS certificate in Form No.16 is to be issued annually whereas TDS certificate in Form No.16A is to be issued quarterly.

2.        Currently, a deductor has an option to authenticate TDS certificate in Form No.16 by using a digital signature.  However, no such option of using a digital signature is available to a deductor for issuing TDS certificate in Form No.16A and it, therefore, needs to be authenticated by a manual signature. The Central Board of Direct Taxes (the Board)  has received representations to allow the option of using digital signature for authentication of TDS certificate in Form No.16A as issuance of TDS certificate in Form No.16A by manual signature is very time consuming, specially for deductors who are required to issue a large number of TDS certificates.

3.        The Department has already enabled the online viewing of Form No.26AS by deductees which contains TDS details of the deductee based on the TDS statement (e-TDS statement)filed electronically by the deductor.  Ideally, there should not be any mismatch between the figures reported in TDS certificate in Form No. 16A issued by the deductor and figures contained in Form No.26AS which has been generated on the basis of e-TDS statement filed by the deductor.  However, it has been found that in some cases the figures contained in Form No.26AS are different from the figures reported in Form No.16A. The gaps in Form No.26AS and TDS certificate in Form No. 16A arise mainly on account of wrong data entry by the deductor or non-filing of e-TDS statement by the deductor.  As at present, the activity of issuance of Form No.16A is distinct and independent of

                                                                                                  Contd p-2

-2-

 filing of e-TDS statement, the chances of mismatch between TDS certificate in Form No.16A and Form No.26AS cannot be completely ruled out. To overcome the challenge of mismatch a common link has now been created between the TDS certificate in Form No.16A and Form No.26AS through a facility in the Tax Information Network website (TIN Website) which will enable a deductor to download TDS certificate in Form No.16A from the TIN Website based on the figures reported in e-TDS statement filed by him.  As both Form No.16A and Form No.26AS will be generated on the basis of figures reported by the deductor in the e-TDS statement filed, the likelihood of mismatch between Form No.16A and Form No.26AS will be completely eliminated. 

4.        In view of the above, for proper administration of the Act, the Board have, in exercise of powers under section 119 of the Act, decided the following :-

                                                                                                 

4.1 ISSUE OF TDS CERTIFICATE IN FORM NO. 16A

 (i) For deduction of tax at source made on or after 01/04/2011:

(a) The deductor, being a company including a banking company to which the Banking Regulation Act,1949 applies and any bank or banking institution, referred to in section 51 of that Act or a co-operative society engaged in carrying the the business of banking, shall issue TDS certificate in Form No.16A generated through TIN central system and which is downloaded from the TIN Website with a unique TDS certificate number in respect of all sums deducted on or after the 1st day of April, 2011 under any of the provisions of Chapter-XVII-B other than section 192.

(b)                         The deductor, being a person other than the person referred to in item (a) above, may, at his option, issue TDS Certificate in Form No.16A generated through TIN central system and which is downloaded from the TIN Website with a unique TDS certificate number in respect of all sums deducted on or after the 1st day of April, 2011 under any provisions of Chapter-XVII-B other than section 192.

(ii) For deduction of tax at source made during financial year 2010-11:

The deductor, may, at his option, issue the TDS certificate in Form No.16A generated through TIN central system which is downloaded from the TIN Website with a unique TDS certificate number in respect of all sums deducted during the financial year 2010-11 under any of the provisions of Chapter-XVII-B other than section 192.

Contd p-3

-3-

4.2      AUTHENTICATION OF TDS CERTIFICATE IN FORM NO.16A

(i)   The deductor, issuing the TDS certificate in Form No.16A by downloading from the TIN Website shall authenticate such TDS certificate by either using digital signature or manual signature

(ii)  The deductor being a person other than a person referred to in item 4.1(i)(a) above and who do not issue the TDS Certificate in Form No.16A by downloading from the TIN Website shall continue to authenticate TDS certificate in From No.16A by manual signature only.

5.        The Director General of Income-tax (Systems) shall specify the procedure, formats and standards for the purpose of issuance of TDS certificate in Form No.16A which is downloaded from the TIN Website and shall be responsible for the day-to-day administration in relation to the procedure, formats and standards for  issuance of TDS certificate in Form No.16A in electronic form.

6.        It is further clarified that TDS certificate issued in Form No. 16A by the deductors covered  by  para 4.1(1)(a) in accordance with this circular and procedure, format  and standards specified by the Director General of Income-tax (Systems) shall only be treated as a vilid TDS certificate in Form No. 16A for the purpose of section 203 of the Act read with Rule 31 of the IT Rules,1962.    

7.        Hindi version shall follow.

(AJAY KUMAR)

Director (Budget)

Tel.No.2309-2641

Transparency in Survey operations : Instruction from CBDT.

For bringing transparency in survey operations and obviate the possibility of any grievance to the taxpayers, it is decided that henceforth:

        I.            Survey teams visiting taxpayer’s premises under the provisions of section 133 A of the Income tax Act will, before the commencement of  survey proceedings,provide to the taxpayer the names, designations & contact numbers of their Chief Commissioner, Commissioner &Additional/ Joint   Commissioner of Income Tax.

     II.            Inform the taxpayer that in case of any grievance or otherwise, he is free to contact Chief Commissioner /Commissioner /Addl Commissioner/Joint Commissioner of Income Tax.

In order to give effect to the above instruction, survey parties will invariably carry in their survey kit names, designations & contact numbers of their CCIT / CIT / Addl / JCIT in the following proforma, on which, as a proof of implementation of above directions, signature of the taxpayer surveyed would be obtained. The said proforma, duly signed by the taxpayer,would be submitted back to the CIT,to be preserved as permanent record.

SN	Designation	Name	Contact Numbers (Landline)	Cell Number

Income below Rs 5 lakh? You need not file returns

The government has exempt salaried people earning up to Rs 500,000 annually from filing income tax returns.  A move that will bring relief to about 80 lakh people was announced by the Finance Minister Pranab Mukherjee when he presented the Budget in February.  On Tuesday, Pranab Mukherjee said this will be applicable in the 2011-12 assessment year for the income earned in 2010-11. He said that a notice to this effect will be brought out soon.

This move will reduce the compliance burden on small taxpayers. In case such a salary earner has income from other sources like dividend,interest etc. and does not want to file returns, he will have to disclose such income to his employer for tax deduction.

The Form 16 issued to salaried employees will be treated as Income Tax Return, he added.