CBDT has amended Rule 37BB of Income Tax, to reduce the burden of compliances by the taxpayers and ensure collection of information u/s 195 by Income Tax Deptt. Significant changes in Rule 37BB are listed below:
1. No Form 15CA and 15CB will be required to be furnished by an individual for remittance which do not requiring RBI approval under its Liberalised Remmittace Scheme (LRS);
2. Further the list of payments of specified nature mentioned in Rule 37BB which do not require submission of Forms 15CA and 15CB has been expanded from 28 to 33 items including payments for imports.
3. A CA certificate in Form No. 15CB will be required to be furnished only in respect of such payments made to non-residents which are chargeable to tax and the amount of payment during the year exceeds Rs. 5 lakh.
It may be noted that the amended Rule 37BB shall be effective from 01/04/2016:
CBDT Press Release dt. 17/12/2015 : Amendments in Rule 37BB Income Tax
CBDT Income Tax Notification 3/2015 dt. 16/12/2015: Amendments in Rule 37BB Income Tax
CBDT Income Tax Notification 1/2016 dt. 12/01/2016: Corrigendum to Notification 93/2015
Whether Part D of Rule 37BB is applicable in case of payment made to Indian Company situated at SEZ, Noida.
Rule 37BB relates to “Furnishing of information for payment to a non-resident (other than a company/ foreign company)”. So in any case the recipient has to be a Non Resident. Therefore the information in Part D not required to be filled up for payments made to Indian Company situated at SEZ, Noida.
What does “chargeable to tax” mean in this context? Is it referring to whether tax has already been paid/ provided for on the said amount that is being transferred in an income tax filing? or does it refer to any tax applicable (or TDS) that the current remitter must withhold before he transfers this money to the non-resident person who is the receiver of this money?