CBDT Notifies Procedure for Filing Form 13 for Lower/Nil TDS Certificate When Payer Details are Unavailable
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- Last Updated on 29 September, 2023
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Notification No.02/2023, dated 27-09-2023
Section 197 of the Income-tax Act provides that an assessee (deductee) can apply to the Assessing Officer to issue a nil or lower TDS certificate. Rule 28 of the Income-tax Rules provides that the application for the issue of a Nil or Lower TDS certificate is to be filed in Form No. 13. Such form can be filed online under Digital Signature or through Electronic Verification Code.
Further, Rule 28AA(4) provides that certificate for lower or nil deduction of tax shall be issued directly to the person responsible for deducting the tax under advice to the person who made an application for issue of such certificate.
Proviso to Rule 28AA(4) also provides that if number of persons responsible for deducting the tax is likely to exceed 100 and the details of such persons are not available with the person making such application, the certificate may be issued to the applicant authorizing him to receive income after deduction of tax at a lower rate.
The Director General of Income-tax (Systems) is empowered to lay down procedures, formats and standards for issuance of certificates under proviso to sub-rule (4) of Rule 28AA.
In the exercise of such power, the DGIT (Systems) specifies the procedure, format and standards for electronic filing of Form 13 with Annexure – II. The process for the generation of certificates through TRACES is also notified. The change will be applicable from 01.10.2023.
The board has specified that the taxpayer shall make the application in Form 13 with Annexure II through the TRACES website. Annexure II is to be furnished for the issue of the certificate under proviso to the sub-rule (4) of rule 28AA. The taxpayer is required to provide supportive documents while furnishing Form 13 along with Annexure II.
Editorial Note: While the CBDT had notified the e-filing process for Form 13 through notification no. 8/2018, dated 31-12-2018, Annexure II, to be filed by the taxpayer, was not made available. With this notification, CBDT has now enabled the filing of Form 13 along with Annexure II, effective from 01-10-2023.
Click Here To Read The Full Notification
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