COMPLIANCE CALENDAR UNDER DIRECT TAX LAWS · Income : Form Nos. ITR-1 to ITR-7 (as the case may be)...
Transcript of COMPLIANCE CALENDAR UNDER DIRECT TAX LAWS · Income : Form Nos. ITR-1 to ITR-7 (as the case may be)...
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COMPLIANCE CALENDAR UNDER DIRECT TAX LAWS
Date1 Obligation Form number
June 15, 2010 Quarterly statement of TDS
deposited for the quarter ending
March 31, 2010
TDS salary : 24Q
TDS other : 26Q
TDS non-resident : 27Q First instalment of advance
income-tax in the case of a
company for the assessment year
2011-12
Challan No. ITNS 280
June 30, 2010 Return in respect of securities
transaction tax for the financial
year 2009-10
Form No. 1 (for stock
exchange), Form No. 2
(for mutual fund)
Particulars to be furnished by
resident contractor under section
194C(3)(i)
Form No. 15J
Quarterly return of non-deduction
of tax at source by a banking
company from interest on time
deposit in respect of the quarter
ending March 31, 2010
Form No. 26QAA
Report by an approved
institution/public sector company
under section 35AC(4)/(5) for the
year ending March 31, 2010
Form No. 58C or 58D
July 7, 2010 Deposit of tax deducted at source
and tax collected at source during
the month of June 2010
Challan No. ITNS 281
July 10, 2010 Monthly statement in respect of
tax deducted/collected during the
month of June 2010, in case of an
office of the Government where
TDS/TCS is deposited without
production of a challan
Form No. 24G
July 15, 2010 Quarterly statement of TDS/TCS
in respect of tax
deducted/collected for the quarter
ending June 30, 2010
TDS salary : 24Q
TDS other : 26Q
TDS non-resident : 27Q
TCS : 27EQ
July 30, 2010 Quarterly TDS/TCS certificate:
Quarterly TDS certificate in respect of TDS on payments other
than salary, for tax deducted
during the quarter ending June 30,
2010
Quarterly TCS certificate in respect of tax collected during the
quarter ending June 30, 2010
Form No. 16A
Form No. 27D
July 31, 2010 Annual return of income and
wealth for the assessment year
2010-11 if the assessee is not
Income : Form Nos. ITR-1
to ITR-7 (as the case may
be)
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required to submit return of
income on September 30, 2010
Wealth : Form BA
Quarterly return of non-
deduction of tax at source by a
banking company from interest
on time deposit in respect of the
quarter ending June 30, 2010
Form No. 26QAA
Statement by scientific research
association, university, college
or other association or Indian
scientific research company as
required by rules 5D, 5E and 5F (if
due date of submission of return of
income is July 31, 2010)
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August 7, 2010 Deposit of tax deducted at source
and tax collected at source during
the month of July 2010
Challan No. ITNS 281
August 10, 2010 Monthly statement in respect of
tax deducted/collected during the
month of July 2010, in case of an
office of the Government where
TDS/TCS is deposited without
production of a challan
Form No. 24G
August 31, 2010 Annual information return under
section 285BA for the financial
year 2009-10
Form No. 61A
September 7,
2010
Deposit of tax deducted at source
and tax collected at source during
the month of August 2010
Challan No. ITNS 281
September 10,
2010
Monthly statement in respect of
tax deducted/collected during the
month of August 2010, in case of
an office of the Government where
TDS/TCS is deposited without
production of a challan
Form No. 24G
September 15,
2010
First instalment (in the case of a
non-corporate assessee) or
second instalment (in the case of a
corporate-assessee) of advance
income- tax for the assessment
year 2011-12
Challan No. ITNS 280
September 30,
2010
Annual return of income and
wealth for the assessment year
2010-11 if the assessee is (a)
corporate-assessee or (b) non-
corporate assessee(whose books
of account are required to be
audited) or (c) working partner (of
a firm whose accounts are required
to be audited)
Income : Form Nos. ITR-1
to ITR-7 (as the case may
be)
Wealth : Form No. BA
Audit report under section 44AB
for the assessment year 2010-11
in the case of a corporate-assessee
Form Nos. 3CA or 3CB
and 3CD
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or non-corporate assessee
Statement by scientific research
association, university, college
or other association or Indian
scientific research company as
required by rules 5D, 5E and 5F (if
due date of submission of return of
income is September 30, 2010)
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October 7, 2010 Deposit of tax deducted at source
and tax collected at source during
the month of September 2010
Challan No. ITNS 281
October 10, 2010 Monthly statement in respect of
tax deducted/collected during the
month of September 2010, in case
of an office of the Government
where TDS/TCS is deposited
without production of a challan
Form No. 24G
October 15, 2010 Quarterly statement of TDS/TCS
in respect of tax
deducted/collected for the quarter
ending September 30, 2010
TDS salary : 24Q
TDS other : 26Q
TDS non-resident : 27Q
TCS : 27EQ
October 30, 2010 Quarterly TDS/TCS certificate:
Quarterly TDS certificate in respect of TDS on payments other
than salary, for tax deducted
during the quarter ending
September 30, 2010
Quarterly TCS certificate in respect of tax collected during the
quarter ending September 30, 2010
Form No. 16A
Form No. 27D
October 31, 2010 Annual audited accounts for
each approved programmes
under section 35(2AA)
—
Copies of declaration received in
Form No. 60/61 (not being
received at the time of opening a
bank account) during April 1,
2010 to September 30, 2010 to the
concerned Director (Investigation)
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Quarterly return of non-
deduction of tax at source by a
banking company from interest
on time deposit in respect of the
quarter ending September 30, 2010
Form No. 26QAA
November 7,
2010
Deposit of tax deducted at source
and tax collected at source during
the month of October 2010
Challan No. ITNS 281
November 10,
2010
Monthly statement in respect of
tax deducted/collected during the
month of October 2010, in case of
Form No. 24G
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an office of the Government where
TDS/TCS is deposited without
production of a challan
November 30,
2010
Statement of income distribution
by venture capital company or
venture capital fund in respect of
income distributed during 2009-10
Form No. 64
December 7,
2010
Deposit of tax deducted at source
and tax collected at source during
the month of November 2010
Challan No. ITNS 281
December 10,
2010
Monthly statement in respect of
tax deducted/collected during the
month of November 2010, in
case of an office of the
Government where TDS/TCS is
deposited without production of a
challan
Form No. 24G
December 15,
2010
Second instalment (in the case of
an assessee other than a company)
or third instalment (in the case of a
company) of advance income-tax
for the assessment year 2011-12
Challan No. ITNS 280
January 7, 2011 Deposit of tax deducted at source
and tax collected at source during
the month of December 2010
Challan No. ITNS 281
January 10,
2011
Monthly statement in respect of
tax deducted/collected during the
month of December 2010, in case
of an office of the Government
where TDS/TCS is deposited
without production of a challan
Form No. 24G
January 15,
2011
Quarterly statement of TDS/TCS
in respect of tax
deducted/collected for the quarter
ending December 31, 2010
TDS salary : 24Q
TDS other : 26Q
TDS non-resident : 27Q
TCS : 27EQ
January 30,
2011
Quarterly TDS/TCS certificate:
Quarterly TDS certificate in respect of TDS on payments
other than salary, for tax deducted
during the quarter ending
December 31, 2010
Quarterly TCS certificate in respect of tax collected during
the quarter ending December 31,
2010
Form No. 16A
Form No. 27D
January 31,
2011
Quarterly return of non-deduction
at source by a banking company
from interest on time deposit in
respect of the quarter ending
December 31, 2010
Form No. 26QAA
February 7,
2011
Deposit of tax deducted at source
and tax collected at source during
Challan No. ITNS 281
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the month of January 2011
February 10,
2011
Monthly statement in respect of
tax deducted/collected during the
month of January 2011, in case of
an office of the Government where
TDS/TCS is deposited without
production of a challan
Form No. 24G
March 7, 2011 Deposit of tax deducted at source
and tax collected at source during
the month of February 2011
Challan No. ITNS 281
March 10, 2011 Monthly statement in respect of
tax deducted/collected during the
month of February 2011, in case
of an office of the Government
where TDS/TCS is deposited
without production of a challan
Form No. 24G
March 15, 2011 Third instalment (in the case of an
assessee other than a company) or
fourth instalment (in the case of a
company) of advance income-tax
for the assessment year 2011-12
Challan No. ITNS 280
April 7, 2011 Deposit of tax collected at source
during the month of March 2011
(see note given below for due
date of deposit of tax deducted at
source during the month of March)
Challan No. ITNS 281
April 10, 2011 Monthly statement in respect of
tax deducted/collected during the
month of March 2011, in case of
an office of the Government where
TDS/TCS is deposited without
production of a challan
Form No. 24G
April 30, 2011 Deposit of tax deducted at source
during the month of March 2011
Challan No. ITNS 281
Copies of declaration received in
Form No. 60/61 (not being
received at the time of opening a
bank account) during October 1,
2010 to March 31, 2011 to the
concerned Director (Investigation)
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May 7, 2011 Deposit of tax deducted at source
and tax collected at source during
the month of April 2011
Challan No. ITNS 281
May 10, 2011 Monthly statement in respect of
tax deducted/collected during the
month of April 2011, in case of an
office of the Government where
TDS/TCS is deposited without
production of a challan
Form No. 24G
May 15, 2011 Quarterly statement of TDS/TCS
in respect of tax
deducted/collected for the quarter
ending March 31, 2011
TDS salary : 24Q
TDS other : 26Q
TDS non-resident : 27Q
TCS : 27EQ
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May 30, 2011 Quarterly TDS/TCS certificate:
Quarterly TDS certificate in respect of TDS on payments other
than salary, for tax deducted
during the quarter ending March
31, 2011
Quarterly TCS certificate in respect of tax collected during the
quarter ending March 31, 2011
Form No. 16A
Form No. 27D
May 31, 2011 Annual Certificate of tax deducted
at source to employees in respect
of salary paid and tax deducted
during 2010-11
Form No. 16
Return of tax deduction from
contributions paid by the trustees
of an approved superannuation
fund
Note: Tax deducted by an office of the Government during the month of March is to be
deposited by 7th April. Tax deducted by any person other than an office of the
Government during the month of March is to be deposited by 30th April.
PENALTIES
Section Nature of default Penalty leviable Relevant
Rules
(1) (2) (3) (4)
140A(3) Failure to pay wholly or partly—
(a) self-assessment tax/fringe benefit tax, or
(b) interest, or
(c) both
under section 140A(1)
Such amount as Assessing
Officer may impose but not
exceeding tax in arrears
158BFA(2) Determination of undisclosed income of block
period
Minimum : 100 per cent of tax
leviable in respect of
undisclosed income
Maximum : 300 per cent of tax
leviable in respect of
undisclosed income.
221(1) Default in making payment of tax Such amount as Assessing
Officer may impose but not
exceeding amount of tax in
arrears
271(1)(b) Failure to comply with a notice under section
115WD(2)/115WE(2)/142(1) or section 143(2) or
failure to comply with a direction under section
142(2A)
Fixed at Rs. 10,000 for each
failure
271(1)(c) Concealment of particulars of income or fringe
benefits or furnishing of inaccurate particulars of
Minimum : 100 per cent
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income or fringe benefits Maximum : 300 per cent of tax
sought to be evaded in addition
to tax payable
271(4) Distribution of profits by registered firm otherwise
than in accordance with partnership deed and as a
result of which partner has returned income below
the real income
Not exceeding 150 per cent of
difference between tax on
partner‘s income assessed and
tax on income returned, in
addition to tax payable
271A Failure to keep, maintain, or retain books of
account, documents, etc., as required under section
44AA
Rs. 25,000
271AA Failure to keep and maintain information and
documents required by section 92D(1) or 92D(2)
2% of value of each
international transaction entered
into
271AAA Where search has been initiated and undisclosed
income found
10% of undisclosed income
271B Failure to get accounts audited or furnish a report
of audit as required under section 44AB
One-half per cent of total sales,
turnover or gross receipts, etc.,
or Rs. 1,00,000 1, which-ever is
less
271BA Failure to furnish a report from an accountant as
required by section 92E
Rs. 1,00,000
271BB Failure to subscribe any amount to units issued
under scheme referred to in section 88A(1)
20 per cent of such amount
271C Failure to deduct tax at source, wholly or partly,
under sections 192 to 196D (Chapter XVII-B) or
failure to pay wholly or partly tax u/s 115-O(2) or
second proviso to section 194B
Amount equal to tax not
deducted or paid
271CA Failure to collect tax at source as required under
Chapter XVII-BB
Amount equal to tax not
collected
271D Taking or accepting certain loans and deposits in
contravention of provisions of section 269SS
Amount equal to loan or deposit
taken or accepted
271E Repaying any loan or deposit specified in section
269T in contravention of its provisions
Amount equal to loan or deposit
repaid
271F Failure to furnish return as required by section
139(1) or by its provisos before the end of the
relevant assessment year
Rs. 5,000
271FA Failure to furnish an annual information return as
required under section 285BA(1)
Rs. 100 per day of default
271FB Failure by an employer to furnish the return of
fringe benefits as required under section 115WD(1)
Rs. 100 for every day of default
271G Failure to furnish any information or document as
required by section 92D(3)
2% of the value of the
international transaction for each
failure
272A(1) Refusal or failure to : Rs. 10,000 for each
failure/default
(a) answer questions
(b) sign statement
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(c) attend to give evidence or produce books of
account, etc., in compliance with summons
under section 131(1)
272A(2) Failure to :
(a) furnish requisite information in respect of
securities as required under section 94(6) ;
(b) give notice of discontinuance of business or
profession as required under section 176(3) ;
(c) furnish in due time returns, statements or
certificates, deliver de-claration, allow
inspection, etc., under sections 133, 134,
139(4A), 139(4C), 192(2C), 197A, 203, 206,
206C, 206C(1A) and 285B;
(d) deduct and pay tax under section 226(2)
(e) file a copy of the prescribed statement within
the time specified in section 200(3) or the
proviso to section 206C(3)
(f) file the prescribed statement within the time
specified in section 206A(1)
Rs. 10,000 for each
failure/default. (In respect of
penalty for failure, in relation to
a declaration mentioned in
section 197A, a certificate as
required by section 203 and
returns u/ss 206 and 206C and
statements under section 200(3)
or proviso to section 206C(3),
penalty shall not exceed amount
of tax deductible or collectible)
272AA(1) Failure to comply with section 133B Not exceeding Rs. 1,000
272B Failure to comply with provisions of section
139A/139A(5)(c)/(5A)/(5C)
Rs. 10,000
272BB(1) Failure to comply with section 203A Rs. 10,000 for each
failure/default
272BB(1A) Quoting false tax deduction account number/tax
collection account number/tax deduction and
collection account number in
challans/certificates/statements/documents referred
to in section 203A(2)
Rs. 10,000
Note : No penalty is imposable for any failure under sections 271(1)(b), 271A, 271AA, 271B, 271BA, 271C,
271CA, 271D, 271E, 271F, 271FA, 271FB, 271G, 272A(1)(c) or (d), 272A(2), 272AA(1), 272B, 272BB(1),
272BB(1A) and 272BBB if the person or assessee proves that there was reasonable cause for such failure
(section 273B).
With effect from 1-4-2008 section 273AA provides that a person may make application to the Commissioner
for granting immunity from penalty, if (a) he has made an application for settlement under section 245C and the
proceedings for settlement have abated; and (b) penalty proceeding have been initiated under this Act. The
application shall not be made after the imposition of penalty after abatement.
PERIODS OF LIMITATION
Section Nature of compliance Limitation of time Relevant
Rule
(1) (2) (3) (4)
10(23C) Making an order accepting/rejecting Within 12 months from end of
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application made under first proviso for grant
of exemption under sub-clause
(iv)/(v)/(vi)/(via)
month in which application was
received
Making application under fourteenth proviso
to section 10(23C) to designated authority by
educational/medical institutions, etc., referred
to in section 10(23C)(iv)/(v)/(vi)/(via)
On or before 30th September of
relevant assessment year
10A(8) Furnishing declaration by assessee in respect
of industrial undertaking in any free trade
zone for not availing tax holiday under section
10A
Before due date for furnishing
return of income under section
139(1)
10B(8) Furnishing declaration by assessee in respect
of 100 per cent export-oriented undertaking
for not availing tax holiday under section 10B
Before due date for furnishing
return of income under section
139(1)
10C(6) Furnishing declaration by assessee in respect
of certain industrial undertakings in North
Eastern Region for not availing tax holiday
under section 10C
Before due date for furnishing
return of income under section
139(1)
12A(1)(aa) Filing application for registration of trust or
institution for purposes of section 11
Application on or after 1-6-2007
shall be made in the prescribed form
and in the prescribed manner and
the provisions of sections 11 and 12
shall apply in relation to the income
of such trust or institution from the
assessment year immediately
following the financial year in
which such application is made.
12AA Passing an order granting or refusing
registration of trust
Within 6 months from the end of the
month in which application u/s
12A(1)(aa) is received
35 Order accepting/rejecting application made
under first proviso to section 35(1) for grant of
approval under section 35(1)(ii)/(iii)
Within 12 months from end of
month in which such application
was received
44AB Getting accounts audited by accountant and
furnishing report
30th September of relevant
assessment year
6G
80QQB Receiving or bringing into India in convertible
foreign exchange, income by way of royalty
or copyright fees, earned outside India
Within 6 months from end of
previous year or such extended
period as the Competent Authority
may allow in this behalf
80RRB Receiving or bringing into India in convertible
foreign exchange, income by way of royalty
on patents, earned outside India
Within 6 months from end of
previous year or such extended
period as the Competent Authority
may allow in this behalf
92CA(3A) Passing of order u/s 92CA(3) by Transfer
Pricing Officer
At least sixty days before the period
of limitation referred to in section
153 or section 153B, as the case
may be, for making the order of
assessment or reassessment or
recomputation, or fresh assessment,
expires. [This time limitation shall
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also be applicable in cases where a
reference was made to the Transfer
Pricing Officer before 1-6-2007 for
determining arm‘s length price of an
international transaction but an
order under sub-section (3) of the
said section has not been passed by
him before the said date.]
92D Furnishing information/documents required by
revenue authorities
Within a period of 30 days from the
date of receipt of a notice issued in
this regard, and such period may be
extended by a further period not
exceeding 30 days
10D
92E Furnishing report of accountant Within due date specified in section
139
10E
115-O(3) Deposit of tax on distributed profits of
domestic companies
Within 14 days from date of
declaration, distribution or payment
of dividends whichever is earlier
115R(3) Deposit of tax on distributed income of
UTI/Mutual Fund
Within 14 days from the date of
distribution or payment of income,
whichever is earlier
115R(3A) Furnishing statement in prescribed form to
prescribed income-tax authority giving details
of income distributed to unit holders, tax paid
thereon, etc.
On or before 15th September in
each year
12B
115U(2) Person responsible for making payment of
income on behalf of venture capital
company/fund and venture capital
company/fund to furnish to person receiving
such income and to prescribed income-tax
authority, statement in prescribed form and
verified in prescribed manner, giving details
of nature of income paid during the previous
year and such other relevant details as may be
prescribed
30th November of financial year
following previous year during
which such income is distributed
12C
115VP Opting for Tonnage Tax System (TTS)
- Existing qualifying company Between 1-10-2004 and 31-12-2004 11P
- Company incorporated after 1-1-2005
and being a qualifying company
Within 3 months of incorporation
- Existing company which becomes a
qualifying company after 1-1-2005
Within 3 months of it becoming a
qualifying company
115VP(4) Joint Commissioner passing order under sub-
section (4) of section 115VP
Within one month from end of
month in which application under
section 115VP(1) was received
115WD(1) 1 Filing return of fringe benefits
- by company/person whose accounts are
to be audited
On or before 30th September of
relevant assessment year
- by other employers On or before 31st July of relevant
assessment year
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115WE(1) 1 Sending intimation u/s 115WE(1) Before expiry of 1 year from end of
financial year in which return is
made
115WE(2) 1 Notice for scrutiny assessment Before the expiry of 6 months from
the end of financial year in which
return is furnished
124(3) Challenging Assessing Officer‘s jurisdiction Where a return is made under
section 139(1), before expiry of 1
month from the date on which a
notice under section 142(1) or
143(2) is served or before the
completion of assessment,
whichever is earlier
Where no return is made before the
expiry of time allowed by notice
under section 142(1) or under
section 148 for making the return or
under section 144 for showing cause
why best judgment assessment
should not be made, whichever is
earlier
131(3) Retention of impounded books or documents
by Assessing Officer/Assistant Director
without obtaining approval of Chief
Commissioner/Director
General/Commissioner/Director
Not more than 15 days (exclusive of
holidays)
132(8) Retaining books of account or other
documents seized under section 132(1) or
132(1A) by authorised officer without
approval of Chief
Commissioner/Commissioner/Director
General or Director
Not more than 180 days [30 days
from the date of assessment order
under section 153A or section
158BC(c)]
132(8A) Period for which order passed under section
132(3) to remain in force
60 days from date of order
132(9A) Handing over of books, etc., to ITO having
jurisdiction
60 days from date on which last of
authorisations for search was
executed
132B(1) Release of assets seized after recovery of
existing liability
Within 120 days from date on which
last of the
authorisations/requisitions under
section 132/132A was executed
132B(1),
first proviso
Making application to Assessing Officer for
release of asset explaining nature and source
of acquisition of asset
Within 30 days from end of the
month in which asset was seized
133A(3) Retention by income-tax authority of
impounded books of account, documents
without approval of Chief
Commissioner/Director General
Not more than 10 days (exclusive of
holidays)
139(1) Filing return of income by a company 30th September of relevant
assessment year
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Filing return of income by any non-corporate
assessee :
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- a person required to have his account
audited under the Act or any other law/a
working partner of a firm, which is
required to have its accounts audited
30th September of relevant
assessment year
- others 31st July of relevant assessment
year
139(3) Filing of return of loss Within the time allowed under
section 139(1)
139(4) Filing belated return of income Within 1 year from the end of the
relevant assessment year or before
completion of assessment,
whichever is earlier
139(4A) Filing return by every person receiving
income in respect of which he is assessable as
a representative assessee from property held
under trust/legal obligation wholly or partly
for charitable or religious purposes, etc., if
total income exceeds maximum amount not
chargeable to tax
Within time allowed under section
139(1)
139(4B) Filing of return by every political party by its
chief executive officer
Within time allowed under section
139(1)
139(4C) Filing return by every (a) scientific 1 research
association referred to in section 10(21), (b)
news agency referred to in section 10(22B),
(c) association or institution referred to in
section 10(23A), (d) institution referred to in
section 10(23B), (e)
fund/institution/trust/university/other
educational institution/medical institution
referred to in sub-clause (iiiad), (iiiae), (iv),
(v), (vi) or (via) of section 10(23C), (f) trade
union/association referred to in sub-clause (a)
or (b) of section 10(24), if the total income
without giving effect to the provisions of
section 10 exceeds the maximum amount not
chargeable to tax.
Within time allowed under section
139(1)
139(4D) Filing return by every university, college or
other institution referred to in section 35(1)(ii)
and 35(1)(iii) which is not required to furnish
return of income or loss under any other
provisions
Within time allowed under section
139(1)
139(5) Filing revised return Within 1 year from the end of the
relevant assessment year or before
the completion of assessment,
whichever is earlier
139(9) Rectifying defect in return of income Within 15 days from date of
intimation by Assessing Officer or
extended time
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139A Filing application for allotment of permanent
account number
Assessment year 1999-2000 or any
subsequent assessment year - 30th
June of relevant assessment year
114
140A(1) (i) Payment of income-tax/fringe benefit tax
on self-assessment
Before furnishing return of income
(ii) Payment of interest on tax due for filing
belated return or default or delay in
payment of advance tax
Before furnishing return of income
142(1)(i) Where a person has not made a return of
income before the end of the relevant
assessment year, the Assessing Officer may
serve a notice requiring him to furnish return
of income.
After the end of relevant assessment
year
Notice referred to above served after the end
of the relevant assessment year commencing
on or after 1st April, 1990 shall be deemed to
be a notice served in accordance with the
provisions of the Act.
143(1) Sending intimation under section 143(1) Before expiry of 1 year from end of
financial year in which return is
made
143(2)(ii) Serving notice in case of understatement of
income or under payment of tax for hearing
for regular assessment/limited scrutiny
assessment
Before expiry of 6 months from end
of financial year in which return is
furnished
144C(2) Filing of response by eligible assessee by (a)
acceptance of variations to Assessing Officer,
or (b) filing his objections, if any, to such
variation with the Dispute Resolution Panel
and the Assessing Officer
Within 30 days of receipt by
assessee of draft order
144C(4) Passing of assessment order under section
144C(3)
Within one month from end of
month in which acceptance is
received or period of filing
objections under section 144C(2)
expires
144C(12) Issue of directions under section 144C(5) Within 9 months from end of month
in which draft order is forwarded to
eligible assessee
144C(13) Completion of assessment on receipt of
directions issued under section 144C(5)
Within one month from end of
month in which such direction is
received
147 Reassessment where assessment has been
made under section 143(3) or 147
Within 4 years from end of relevant
assessment year [unless escapement
of income is because of assessee‘s
failure to file return under section
139 or in pursuance of notice under
section 142(1) or 148 or to disclose
fully and truly all material facts]
149(1) Issuing notice under section 148 in cases
subjected to scrutiny by way of assessment
-
under section 143(3) or 147 :
If the escaped income—
(i) is less than Rs. 1,00,000 Within 4 years from end of relevant
assessment year
(ii) is Rs. 1,00,000 or more Within 6 years from end of relevant
assessment year
149(3) Issuing notice under section 148 to person
who has been treated as agent of non-resident
under section 163
Within 2 years from end of relevant
assessment year
150 Issuing notice under section 148 for
assessment/reassessment/ recomputation
pursuant to any finding or direction in an
order passed :
No time limit
(i) by any authority in any proceeding under
Income-tax Act in
appeal/reference/revision
(ii) by a court in any proceeding under any
other law
153(1) Passing assessment order under section 143 or
144
Within 21 months from end of
assessment year in which income
was first assessable [33 months : in
case the assessment year in which
the income was first assessable is
the assessment year commencing on
the 1st day of April, 2005 or any
subsequent assessment year and
during the course of the proceeding
for the assessment of total income, a
reference under sub-section (1) of
section 92CA is made on or after 1-
6-2007 1]
153(1A) Passing assessment order under section
115WE (regular assessment) or under section
115WF (best judgment assessment) in relation
to fringe benefit tax
Within 21 months from the end of
the assessment year in which the
fringe benefits were first assessable
153(1B) Passing order of assessment or reassessment
under section 115WG (fringe benefits
escaping assessment)
Within 9 months from the end of the
financial year in which the notice of
reassessment under section 115WH
was served
153(2) Making assessment/reassessment, etc., under
section 147
Within 9 months from end of
financial year in which notice under
section 148 is served
[21 months : where notice is served
on or after 1-4-2006 and during
course of assessment/reassessment,
etc., reference is made to transfer
pricing officer u/s 92CA on or after
1-6-2007 1]
153(2A) Making assessment order in pursuance of Within 9 months from end of
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order under section 250, 254, 263 or 264
setting aside or cancelling assessment
financial year in which order under
section 250/254 is received by Chief
Commissioner/Commissioner or
order under section 263/264 is
passed by Commissioner.
[21 months : where order under
section 254 is received by Chief
Commissioner/Commissioner or
order under section 263/264 is
passed by Commissioner on or after
1-4-2006 and during course of fresh
assessment proceedings reference is
made to transfer pricing officer u/s
92CA on or after 1-6-2007 1]
153(4) Making order of assessment/reassessment,
relating to any assessment year, which stands
revived u/s 153A(2)
Within 1 year from end of month of
such revival or within period
specified in section 153 or section
153B(1), whichever is later
153B Passing assessment order under section
153A(1)
Within a period of 2 years from end
of the financial year in which the
last of the authorisations for
search/requisition under section
132/132A was executed
Note : Within 21 months (from June
1, 2006) where authorisation for
search is executed during the
financial year 2004-05 or any
subsequent year.
Where the last of the authorization
for search under section 132/132A
was executed on or after April 1,
2005 and during the course of
assessment/ reassessment
proceedings a reference is made to
TPO on or after June 1, 2007 (or the
reference was made before June 1,
2007 but order has not been made
by TPO before that date), the
assessment can be completed by the
Assessing Officer within 33 months
from the end of the assessment year.
154 Rectifying any mistake apparent from record
by income-tax authority referred to in section
116 to—
(i) amend any order passed by it
(ii) amend any intimation or deemed
intimation under section 143(1)
Within 4 years from end of financial
year in which order sought to be
amended is passed. [Where
application for rectification is made
on or after 1-6-2001 order must be
passed within 6 months from the
end of the month in which the
application is received]
155(1)/(2) Amending assessment order of partner of firm
or member of AOP/BOI for inclusion of
Within 4 years from end of financial
year in which final order is passed
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correct share from firm/AOP/BOI in case of firm/AOP/BOI
155(1A) Amending assessment order of partner for
adjusting income from firm to the extent not
deductible under section 40(b)
Within 4 years from end of financial
year in which final order was passed
in case of the firm
155(4) Recomputing total income for succeeding
year(s) in respect of loss or depreciation
recomputed under section 147
Within 4 years from end of financial
year in which order under section
147 is passed
155(4A) Withdrawing investment allowance allowed
under section 32A if—
(a) asset is sold/transferred within 8 years
from end of previous year in which it was
acquired
Within 4 years from end of previous
year in which sale/transfer took
place
(b) investment allowance reserve is not
utilised for acquiring new asset within 10
years of end of previous year in which
asset was acquired
Within 4 years from end of said 10
years
(c) reserve is misutilised before expiry of 10
years of end of previous year in which
asset was acquired
Within 4 years from end of previous
year in which amount is so
misutilised
155(5A) Withdrawing development allowance under
section 33A if within 8 years land is sold or
reserve is misutilised
Within 4 years from end of previous
year in which sale took place or
reserve is so misutilised
155(5B) Recomputing total income where weighted
deduction in respect of expenditure on
scientific research under section 35(2B) is
deemed to have been wrongly allowed
Within 4 years from end of previous
year in which period allowed for
completion of scientific research
programme has expired
155(7) Recomputing distributable income and
additional tax liability under section 104
Within 4 years from end of financial
year in which final order was passed
155(7B) Recomputing deemed capital gains under
section 47A
Within 4 years from end of previous
year in which capital asset is
converted into stock-in-trade or in
which parent company/holding
company ceases to have 100 per
cent shareholding in subsidiary
company
155(10A) Amending order of assessment so as to
exclude unadjusted amount of capital gain on
long-term capital asset not chargeable under
section 54E(1)
Within 4 years from end of financial
year in which original assessment is
made
155(11) Amending order of assessment to exclude
capital gain not chargeable under section 54H
Within 4 years from end of previous
year in which compensation was
received
155(11A) Amending order of assessment so as to allow
deduction under section 10A, 10B or 10BA in
respect of income received in or brought into
India
Within 4 years from end of previous
year in which such income is
received in, or brought into, India
155(12) Amending order of assessment to allow
deduction under section 80-O
Within 4 years from end of previous
year in which income is received or
brought into India ; however, the
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period from 1-4-1988 to 30-9-1991
shall be excluded
155(13) Amending order of assessment so as to allow
deduction u/s 80HHB, 80HHC, 80HHD,
80HHE, 80-O, 80R, 80RR or 80RRA in
respect of convertible foreign exchange
earnings not brought into India initially but
received or brought into India subsequently
Within 4 years from the end of the
previous year in which such income
is so received in, or brought into
India
155(14) Amending order of assessment/intimation
under section 143(1) to give credit for tax
deducted/collected not given earlier on ground
that tax deduction/collection certificate was
not filed with return
Relevant tax deduction/collection
certificate should be produced
before Assessing Officer within 2
years from the end of assessment
year in which income is assessable.
155(15) Amending order of assessment so as to
compute capital gain by taking the full value
of consideration to be the value
adopted/assessed by stamp duty authorities
(section 50C) as revised in
appeal/revision/reference
Within 4 years from the end of the
previous year in which the order
revising the value was passed in that
appeal/revision/reference
155(16) Amending order of assessment so as to
compute capital gain on compulsory
acquisition, etc., by taking the full value of
consideration to be the
compensation/consideration as reduced by any
court, tribunal or other authority
Within 4 years from the end of the
previous year in which order
reducing compensation was passed
155(17) Amending order of assessment so as to
withdraw deduction under section 80RRB
allowed earlier where by a subsequent order of
the Controller/High Court the patent is
revoked or the name of the assessee is
excluded from the patents register as patentee
in respect of that patent
Within 4 years from the end of the
previous year in which order of
Controller/High Court was passed
158BE(1) 1 Passing order under section 158BC Within 1 year from the end of the
month in which the last of the
authorisations for search u/s 132 or
for requisition u/s 132A was
executed where the search or
requisition took place before 1-1-
1997. In a case where the search or
requisition takes place on or after 1-
1-1997 the period allowed is 2 years
from the end of the relevant month.
158BE(2) 1 Completion of block assessment in the case of
other person referred to in section 158BD
One year from the end of the month
in which the notice under Chapter
XIV-B was served on such other
person where search or requisition
takes place before 1-1-1997. In a
case where the search or requisition
takes place on or after 1-1-1997 the
period allowed is 2 years from the
end of the relevant month.
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158BFA(3) 1 Passing order imposing penalty under section
158BFA(2)
In a case where the assessment is
the subject-matter of an appeal to
the Commissioner (Appeals) under
section 246 or section 246A or an
appeal to the Appellate Tribunal
under section 253, after the expiry
of the financial year in which the
proceedings, in the course of which
action for the imposition of penalty
has been initiated, are completed, or
six months from the end of the
month in which the order of the
Commissioner (Appeals) or, as the
case may be, the Appellate Tribunal
is received by the Chief
Commissioner or Commissioner,
whichever period expires later.
In a case where the assessment is
the subject-matter of revision under
section 263, after the expiry of six
months from the end of the month in
which such order of revision is
passed.
In any case other than those
mentioned above, after the expiry of
the financial year in which the
proceedings, in the course of which
action for the imposition of penalty
has been initiated, are completed, or
six months from the end of the
month in which action for
imposition of penalty is initiated,
whichever period expires later.
160(1),
Explanation
1
Filing declaration by trustee(s) for converting
‗oral trust‘ into ‗trust declared by a duly
executed instrument in writing‘
Within 3 months from date of
declaration of ‗oral trust‘
172(3) Return of full amount paid or payable to non-
resident owner or charterer of ship towards
passenger fares, freight, etc., to be furnished
by master of ship to Assessing Officer
Before departure of ship from any
port in India, or within 30 days
thereafter if permitted by Assessing
Officer
172(4A) Passing order, assessing income and
determining tax payable thereon under section
172(4).
Within 9 months from end of
financial year in which return under
section 172(3) is furnished (by 31-
12-2008 where return is furnished
before 1-4-2007)
172(7) Submission of claim by owner or charterer of
ship that assessment be made and tax payable
by him be determined in accordance with
other provisions of the Act
Before expiry of assessment year
relevant to previous year in which
ship has departed from Indian port
176(3) Giving notice of discontinuance of
business/profession to Assessing Officer
Within 15 days of discontinuance
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178(1) Giving notice of appointment as liquidator to
Assessing Officer
Within 30 days of appointment
178(2) Notifying liquidator as to amount of tax
payable by company
Within 3 months from date on
which Assessing Officer receives
notice of appointment of liquidator
184 Filing certified copy of partnership deed Along with return of income of the
firm
192 Filing return of deduction of tax from
contributions paid by the trustees of an
approved superannuation fund
Within 2 months from end of
financial year
33
193, 194 1,
194E, 195 1,
196A 2,
196B, 196C 1
and 196D 1
Filing prescribed statement of tax deducted at
source in the case of non-residents
On or before 15th July, 15th
October, 15th January in respect of
first three quarters of financial year
and on or before 15th June
following last quarter of financial
year in Form No. 27Q
37A
194C(7) Person responsible for paying/ crediting any
sum to contractor during course of business of
plying, hiring or leasing goods carriages to
furnish prescribed particulars to prescribed
income-tax authority
Within such time as may be
prescribed
197A(2) Delivering to Chief
Commissioner/Commissioner one copy of
declaration required to be filed under section
197A(1) or 197A(1A)
On or before 7th of month next
following month in which
declaration is furnished
29C
200(1) Paying tax deducted at source under sections
192 to 196D
Within time limit as prescribed
under rule 30
30
200(3) Preparation and filing of prescribed statements
of tax deducted for periods ending on June 30,
September 30, December 31 and March 31
On or before 15th July, 15th
October, 15th January in respect of
first three quarters of the financial
year and on or before 15th June
following the last quarter of the
financial year : [Form No. 24Q :
section 192 cases/Form No. 26Q :
other cases]
31A and
37B
200A
Intimation under section 200A(1) Within one year from end of
financial year in which statement is
filed
201(3) Order deeming a person to be an assessee in
default for failure to deduct whole or any part
of tax from a person resident in India
Within 2 years from the end of the
financial year in which the
statement is filed in a case the
statement under section 200 has
been filed, and in other cases, within
4 years from the end of the financial
year in which payment is made or
credit is given (however, such order
for financial year 2007-08 and
earlier years may be passed at any
time on or before 31-3-2011).
203 Issuance of certificate of tax deducted at See rule 31 31
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source
203A Payer to apply to Assessing Officer for
allotment of Tax Deduction and Collection
Account Number
(a) Where a person has deducted
or collected tax prior to 1-10-
2004 : On or before 31-1-2005.
(b) Where a person has deducted
or deducts tax, or has collected
or collects tax, on or after 1-10-
2004: Within one month from
the end of the month in which
tax was deducted or collected,
as the case may be, or 31-1-
2005, whichever is later.
114A
203AA Issuance of TDS Certificate within the
prescribed time after the end of the financial
year beginning on or after 1-4-2008 by the
prescribed income-tax authority or person
authorised by such authority.
31st July following financial year
during which taxes were deducted
or paid (Form No. 26AS)
31AB
206(4) Rectifying defect in return filed under section
206(2)
Within 15 days from the date of
intimation of the defect by
Assessing Officer or extended time
206A(1) Furnishing of prescribed statement in respect
of payment of interest to residents without
TDS by banking company, co-operative
society or public company referred to in
proviso to section 194A(3)(i)
On or before 31st July, 31st
October, 31st January and 30th June
following respective quarter of
financial year
31AC,
31ACA
206A(2) Furnishing of prescribed statement by persons
notified by Central Government
Within such time as may be
prescribed.
206C(3) Payment of tax collected from the respective
buyers of specified goods under section
206C(1) to the credit of Central Government
or as the Board directs
Within 7 days of collection
206C(3)
(proviso)
Preparation and filing of prescribed statements
of tax collected for periods ending on June 30,
September 30, December 31 and March 31
On or before 15th July, 15th
October, 15th January in res-pect of
first three quarters of the financial
year and on or before 30th April
following the last quarter of the
financial year (Form No. 27EQ)
31AA &
37EA
206C(5) Person collecting tax under section 206C(1)
from respective buyers to give them a
certificate in Form 27D about the amount and
rate of tax collected, etc.
Within 10 days of such
collection/debit of amount
37D
206C(5)
(2nd
proviso)
Prescribed income-tax authority or person
authorised by such authority to prepare and
deliver to buyer/licensee/lessee, a statement in
the prescribed form specifying amount of tax
collected or paid after the end of each
financial year beginning on or after 1-4-2008
31st July following the financial
year during which taxes were
collected or paid (Form No. 26AS)
31AB
206C(5D) Rectifying defect in return filed Within 15 days from the date of
intimation of the defect by
Assessing Officer or extended time
-
211(1) Payment of advance tax in specified
instalments :
(a) In case of corporate assessees—
(i) up to 15 per cent On or before 15th June
(ii) up to 45 per cent On or before 15th September
(iii) up to 75 per cent On or before 15th December
(iv) up to 100 per cent On or before 15th March
(b) In case of other assessees—
(i) up to 30 per cent On or before 15th September
(ii) up to 60 per cent On or before 15th December
(iii) up to 100 per cent On or before 15th March
Note : Payment of advance tax made on or
before 31st March shall be treated as advance
tax paid during financial year.
211(2) Payment of the appropriate part or whole
amount of advance tax as demanded under
section 210(3) and (4) after the due dates of
instalment
On or before each date specified in
section 211(1) falling after date of
service of demand notice
220(1) Payment of amount other than advance tax in
response to notice under section 156
Within 30 days of service of
demand notice or within date
extended on request or within
shorter period, specified in
revenue‘s interest
239(2)(c) Making claim for refund Within 1 year from last day of
relevant assessment year
239(2)(d) Making claim for refund of fringe benefit tax Within 1 year from the last day of
the rele-vant assessment year
245C(1) Application for settlement of case to
Settlement Commission
At any stage during the pendency of
a case before the Assessing Officer
245C(1E) Application for settlement before Settlement
Commission under sub-section (1) where
books of account, documents, etc., have been
seized
Not before 120 days of seizure
245D(1) Rejecting/allowing the application for
settlement
Within 7 days, notice shall be issued
to the applicant to justify admission
of his application; within 14 days
from the receipt of application, the
order pertaining to
rejecting/allowing the application
shall be made
245D(2B) Calling report by the Settlement Commission
from Commissioner
Within 30 days from the date of
receipt of application
245D(2B) Submission of report by the Commissioner to
Settlement Commission
Within 30 days from the date of
communication from the Settlement
Commission
245D(2C) Declaring application as invalid by the
Settlement Commission
Within 15 days from the date of
receipt of report from the
-
Commissioner
245D(3) Furnishing a report by the Commissioner to
the Settlement Commission in the matters
covered by the application
Within 90 days from the date of
receipt of communication from the
Settlement Commission
245D(4A) Passing order of settlement Within 18 months from the end of
the month in which the application
was made, if is application made on
or after 1-6-2010 (12 months if
application is made between 1-6-
2007 and 31-5-2010) (In respect of
applications referred to in section
245D(2A) to (2D) : on or before 31-
3-2008)
245D(7) Completion of proceedings where settlement
becomes void as provided in section 245D(6)
Within 2 years from the end of the
financial year in which the
settlement becomes void
245E,
proviso
Reopening of completed proceedings by
Settlement Commission if an application is
made before June 1, 2007
Reopening of proceeding is not
possible where period between end
of assessment year to which
proceeding relates and the date of
application for settlement under
section 245C exceeds 9 years
245Q(3) Withdrawing application for advance ruling Within 30 days from date of
application
245R(6) Pronouncement of advance ruling by authority Within 6 months of receipt of
application
249(2)/(3) Filing appeal to Commissioner (Appeals)—
(a) relating to tax deducted at source under
section 195(1)
Within 30 days from date of
payment of tax or within extended
time
(b) relating to any assessment/ penalty Within 30 days from date of service
of demand notice or within extended
time
(c) in any other case Within 30 days from date of
communication of order or within
extended time
250(6A) Disposal of appeal by Commissioner
(Appeals)
One year from end of financial year
in which appeal is filed (where it is
possible)
253(3)/(5) Filing appeal to Tribunal Within 60 days from date on which
order sought to be appealed against
is communicated or within extended
time [30 days in case of appeal
against order u/s 158BC(c), in
respect of search initiated u/s 132 or
requisition made u/s 132A, after 30-
6-1995, but before 1-1-1997]
253(4)/(5) Filing memo of cross-objections to Tribunal Within 30 days of receipt of notice
of filing appeal or within extended
-
time
254(2) Rectification of apparent mistake by Tribunal Within 4 years from the date of
impugned order
254(2A) Disposal of appeal by Appellate Tribunal filed
under sub-section (1)/(2) of section 253
4 years from end of financial year in
which appeal is filed (where it is
possible).
Where an order of stay is made in
proceedings relating to appeal filed
under section 253(1), Tribunal shall
dispose of appeal within 180 days
from date of such order or within
extended time not exceeding 365
days including original period of
180 days, failing which stay order
shall stand vacated; this will be so
even if delay in disposing of the
appeal is not attributable to assessee.
260A Filing appeal to High Court against order of
Tribunal
Within 120 days of date of
communication of order 1
263(2) Revising orders prejudicial to revenue by
Commissioner
Within 2 years from end of financial
year in which order sought to be
revised was passed
263(3) Revision by Commissioner of orders passed
pursuant to any finding or direction by
Tribunal, National Tax Tribunal, High Court
or Supreme Court
No time limit
264(2) Revision of orders by Commissioner on his
own motion (not prejudicial to assessee)
Within 1 year of order sought to be
revised
264(3) Filing revision petition to Commissioner
(order not to be prejudicial to assessee)
Within 1 year from date of
communication of order sought to
be revised or date of his knowledge
in respect thereof or within extended
time
264(6) Passing order on revision application made by
assessee on or after 1-10-1998
Within 1 year from the end of the
financial year in which application
is made
275 Imposing penalties under Chapter XXI :
(a) in a case where appeal is filed to
Commissioner (Appeals)/Tribunal
Before the expiry of financial year
in which proceedings which give
rise to penalty proceedings are
completed, or within 6 months from
end of month in which the order of
Commissioner (Appeals)/Tribunal is
received by the Chief
Commissioner/Commissioner,
whichever period expires later.
However, where order is in appeal
before Commissioner (Appeals)
who passes appellate order on or
after 1-6-2003, order imposing
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penalty shall be passed before
expiry of financial year in which the
proceedings, in the course of which
action for imposition of penalty has
been initiated, are completed, or
within one year from the end of the
financial year in which the order of
the Commissioner (Appeals) is
received by the Chief
Commissioner/ Commissioner,
whichever is later.
(b) in a case where relevant assessment or
other order is subject- matter of revision
under section 263 (or section 264)
Within 6 months from the end of
month in which revision order is
passed
(c) in any other case Before expiry of financial year in
which proceedings (in course of
which action for imposition of
penalty has been initiated) are
completed, or within 6 months from
end of month in which penal action
is initiated, whichever is later
275(1A) Imposing/enhancing/reducing/cancelling
penalty or dropping penalty proceedings on
the basis of revised assessment after giving
effect to appellate/court/revision order in a
case where relevant order is subject matter of
appeal to Commissioner
(Appeals)/Tribunal/High Court/Supreme
Court or revision and an order imposing or
enhancing or reducing or cancelling penalty or
dropping proceedings for imposition of
penalty is passed before the order of the
Commissioner (Appeals)/Tribunal/High
Court/Supreme Court is received by the Chief
Commissioner/Commissioner or order of
revision is passed
Within 6 months from end of the
month in which order of
Commissioner (Appeals)/Tribunal/
High Court/Supreme Court is
received by the Chief
Commissioner/Commissioner or
order of revision is passed
281B Provisional attachment of assets of assessee Attachment shall cease to have
effect after expiry of six months
(extendable upto 2 years) from date
of order
285B Furnishing of statement by film producers Within 30 days from end of
financial year or within 30 days
from date of completion of film,
whichever is earlier
285BA Filing of Annual Information Return On or before 31st August
immediately following financial
year in which transaction is
registered or recorded (Form No.
61A)
114E
285BA(4) Rectifying defect in return filed under section
285BA as required by prescribed income-tax
Within 1 month (or such extended
time as may be allowed on
-
authority application) from date of intimation
of defect
285BA(5) Furnishing of return under section 285BA in
response to notice from prescribed income-tax
authority by person who has failed to furnish
return within time
Within period not exceeding 60
days from date of service of notice.
Rule 18 of
Appellate
Tribunal
Rules
Filing of paper book At least a day before the date of
hearing of the appeal along with the
proof of service of a copy of the
same on the other side at least a
week before
Schedule II
Part I, Rule
3
Execution of certificate drawn up Not before 15 days after date of
service of notice under rule 2
Schedule II
Part I, Rule
14
Filing of application by officer holding the
sale relating to recovery from de- faulting
purchasers
Within 15 days from date of resale
Schedule II
Part II, Rule
25(5)
Attachment of growing crop which does not
admit of being stored
Not less than 20 days before it is
likely to be fit to be cut or gathered
Schedule II
Part II, Rule
40
Sale of movable property (other than property,
subject to speedy and natural decay and
property in relation to which expense of
keeping it in custody is likely to exceed its
value)
Not before 15 days from date on
which copy of sale proclamation
was affixed in TRO‘s office
Schedule II
Part III, Rule
55
Sale of immovable property without written
consent of defaulter
Not until expiry of 30 days from
date on which proclamation of sale
has been affixed on the property or
in the office of the TRO, whichever
is later
Schedule II
Part III, Rule
57
Payment of full amount of purchase money on
sale of immovable property
Within 15 days from date of sale
Schedule II
Part III, Rule
60
Application to set aside sale of immovable
property on deposit of specified sum
Within 30 days from date of sale
Schedule II
Part III, Rule
61
Application to set aside sale of immovable
property on ground of non- service of notice
or irregularity
Within 30 days from date of sale
Schedule II
Part III, Rule
62
Application for setting aside sale on ground
that defaulter had no saleable interest
Within 30 days from date of sale
Schedule II
Part III, Rule
68B
Sale of immovable property Within 4 years from end of financial
year in which order giving rise to
demand, etc., has become
conclusive. (See also Division
Three)
In case of re-sale, period shall be
extended by one year.
-
Schedule IV
Part A, Rule
13
Appeal by employer against order of Chief
Commissioner or Commissioner refusing to
recognise or withdrawing recognition from a
provident fund
Within 60 days of such order
Schedule IV
Part B, Rule
8
Appeal by employer against order of Chief
Commissioner or Commissioner refusing to
approve or withdrawing approval granted to a
superannuation fund
Within 60 days of such order
Schedule IV
Part C, Rule
8
Appeal by employer against order of Chief
Commissioner or Commissioner refusing to
approve or withdrawing approval granted to a
gratuity fund
Within 60 days of such order
R-10
Withholding Tax Rates
[Tax rates applicable in India under ADT Agreement]
Dividend [not being
covered by section 115-
O]
Interest Royalty Fees for
technical
service
Right
of
State
to tax
Tax rate Right
of
State
to tax
Tax rate Right
of
State
to tax
Tax rate Right
of
State
to tax
Tax
rate
Armenia Both 10% Both 10% Both 10% Both 10%
Australia Both 15% Both 15% Both [Note 3] Both [Note
3]
Austria Both 10% Both 10% Both 10% Both 10%
Bangladesh Both 10% (if at least
10% of the
capital of the
company paying
the dividend is
held by the
recipient)
Both 10% [Note 2] Both 10% No separate
provision
Belarus Both 10% if paid to a
company
holding 25%
shares;
otherwise 15%
Both 10% [Note 2] Both 15% Both 15%
Belgium Both 15% Both 15% (10% if
granted by a
bank)
Both 10% Both 10%
Botswana Both 7.5% (if
shareholder is a
company and
Both 10% Both 10% Both 10%
-
holds at least
25% shares in
the investee-
company);
otherwise 10%
Brazil Both 15% Both 15% [Note 2] Both 25% for use
of
trademark;
15% for
others
No separate
provision
Bulgaria Both 15% Both 15% [Note 2] Both 15% of
royalty
relating to
literary,
artistic,
scientific
works other
than films or
tapes used
for radio or
television
broadcasting;
20% in other
cases
Both 20%
Canada Both 15% if at least
10% of the
shares of the
company paying
the dividends is
held by the
recipient of
dividend; 25%
in other cases
Both 15% [Note 2] Both 10%-20% Both 10%-
20%
China Both 10% Both 10% [Note 2] Both 10% Both 10%
Cyprus Both 10% if at least
10% of the
capital of the
company paying
dividend is held
by the recipient,
15% in all other
cases
Both 10% [Note 2] Both 15% Both 10%
Czeck
Republic
Both 10% Both 10% [Note 2] Both 10% Both 10%
Denmark Both 15% if at least
25% of the
shares of the
company paying
the dividend is
held by the
recipient; 20%
Both 10% if loan is
granted by
bank; 15% for
others [Note 2]
Both 20% Both 20%
-
in other cases
Germany Both 10% Both 10% [Note 2] Both 10% Both 10%
Finland Both 15% Both 10% [Note 2] Both 15%-20%
during 1997-
2001, 15%
for
subsequent
years; 10%
for
equipment
royalty
Both Same
as in
case of
royalty
France Both 10% Both 10% Both 10% Both 10%
Greece Source 20% Source 20% Source 30% No separate
provision
Hungary Both 10% Both 10% Both 10% Both 10%
Indonesia Both 10% if at least
25% of the
shares of the
company paying
the dividend is
held by the
recipient; 15%
in other cases
Both 10% [Note 2] Both 15% No separate
provision
Iceland Both 10% Both 10% Both 10% Both 10%
Ireland Both 10%-15% Both 10% [Note 2] Both 10% Both 10%
Israel Both 10% Both 10% [Note 2] Both 10% Both 10%
Italy Both 15% if at least
10% of the
shares of the
company paying
dividend is
beneficially
owned by the
recipient
company; 20%
in other cases
Both 15% [Note 2] Both 20% Both 20%
Japan Both 10% Both 10% Both 10% Both 10%
Jordan Both 10% Both 10% [Note 2] Both 20% Both 20%
Kazakstan Both 10% Both 10% [Note 2] Both 10% Both 10%
Kenya Both 15% Both 15% [Note 2] Both 20% Both 17.5%
Korea Both 15% if at least
20% of the
capital of the
company paying
dividend is held
by the recipient;
20% in other
cases
Both 10% if interest
is paid to a
bank; 15% for
others [Note 2]
Both 15% Both 15%
-
Kuwait Both 10% Both 10% Both 10% Both 10%
Kyrgyz
Republic
Both 10% Both 10% Both 15% Both 15%
Libyan Arab
Jamahiriya
Source 20% Source 20% Source 30% No separate
provision
Luxembourg Both 10% Both 10% Both 10% Both 10%
Malaysia Both 10% Both 10% Both 10% Both 10%
Malta Both 10% if at least
25% of the
shares of the
company paying
dividend is held
by the recipient
company; 15%
in other cases
Both 10% [Note 2] Both 15% Both 10%
Mangolia Both 15% Both 15% [Note 2] Both 15% Both 25%
Mauritius Both 5% if at least
10% of the
capital of the
company paying
the dividend is
held by the
recipient; 15%
in other cases
Both 20% [Note 2];
Nil in some
cases
Both 15% No separate
provision
Montenegro Both 5% (in some
cases 15%)
Both 10% Both 10% Both 10%
Myanmar Both 5% Both 10% Both 10% No separate
provision
Morocco Both 10% Both 10% [Note 2] Both 10% Both 10%
Namibia Both 10% Both 10% [Note 2] Both 10% Both 10%
Nepal Both 10% if at least
10% of the
shares of the
company paying
the dividend is
held by the
recipient; 20%
in other cases
Both 10% if interest
is paid to bank
15% for others
[Note 2]
Both 15% No separate
provision
Netherlands Both 10% Both 10% [Note 2] Both 10% Both 10%
New Zealand Both 15% Both 10% [Note 2] Both 10% Both 10%
Norway Both 15% if at least
25% of the
capital of the
company paying
the dividend is
held by the
recipient; 20%
Both 15% [Note 2] Both 10% Both 10%
-
in other cases
Oman Both 10% if at least
10% of shares
are held by the
recipient; 12.5%
in other cases
Both 10% [Note 2] Both 15% Both 15%
Philippines Both 15% if at least
10% of the
shares of the
company paying
the dividend is
held by the
recipient; 20%
in other cases
Both 10% if interest
is received by
a financial
institution or
insurance
company; 15%
in other cases
Both 15% if it is
payable in
pursuance of
any
collaboration
agreement
approved by
the
Government
of India
— —
Poland Both 15% Both 15% [Note 2] Both 22.5% Both 22.5%
Portuguese
Republic
Both 10% Both 10% Both 10% Both 10%
Quatar Both 5%-10% Both 10% [Note 2] Both 10% Both 10%
Romania Both 15% if at least
25% of the
shares of the
company paying
the dividend is
held by the
recipient; 20%
in other cases
Both 15% [Note 2] Both 22.5% Both 22.5%
Russian
Federation
Both 10% Both 10% [Note 2] Both 10% Both 10%
Saudi Arabia Both 5% Both 10% Both 10% No separate
provision
Serbia Both 5% (if recipient
is company and
holds 25%
shares)
otherwise 15%
Both 10% Both 10% Both 10%
Singapore Both 10% if at least
25% of the
shares of the
company paying
the dividend is
held by the
recipient; 15%
in other cases
Both 10% if loan is
granted by a
bank/similar
institute
including an
insurance
company; 15%
for others
Both 10% Both 10%
Slovenia Both 5-15% Both 10% Both 10% Both 10%
South Africa Both 10% Both 10% [Note 2] Both 10% Both 10%
Spain Both 15% Both 15% [Note 2] Both [Note 4] Both [Note
4]
-
Sri Lanka Both 15% Both 10% [Note 2] Both 10% Both 10%
Sudan Both 10% Both 10% Both 10% No separate
provision
Sweden Both 10% Both 10% [Note 2] Both 10% Both 10%
Swiss Both 10% Both 10% [Note 5] Both 10% Both 10%
Syrian Arab
Republic
Both 10% (5% if
shareholder is a
company
holding at least
10% shares)
Both 10% Both 10% No separate
provision
Tajikistan Both 10% (5% if
shareholder is a
company and
holds 25%
shares)
Both 10% Both 10% No separate
provision
Tanzania Both 10% if at least
10% of the
shares of the
company paying
the dividend is
held for a period
of at least 6
months prior to
the date of
payment of the
dividend; 15%
in other cases
Both 12.5% Both 20% No separate
provision
Thailand Both 15% if dividend
is paid by an
industrial
company and at
least 10% of
capital of such
company is held
by the recipient;
20% in other
cases
Both 10% for
financial
institutions
and insurance
company; 20%
for others
[Note 2]
Both 15% No separate
provision
Trinidad and
Tobago
Both 10% Both 10% [Note 2] Both 10% Both 10%
Turkey Both 15% Both 10% if
recipient is
bank, etc.;
15% in other
cases [Note 2]
Both 15% Both 15%
Turkmenistan Both 10% Both 10% [Note 2] Both 10% Both 10%
Uganda Both 10% Both 10% Both 10% Both 10%
Ukraine Both 10%-15% Both 10% [Note 2] Both 10% Both 10%
United Arab
Emirates
Both 5% if at least
10% of the
Both 5% if loan is
granted by a
Both 10% No separate
provision
-
capital of the
company paying
dividend is held
by the recipient;
15% in other
cases
bank/similar
financial
institute;
12.5% for
others
United Arab
Republic
Source 10% Source 20% Source 30% No separate
provision
United
Kingdom
Both 15% Both 10% if interest
is paid to a
bank; 15% for
others [Note 2]
Both [Note 3] Both [Note
3]
United States Both 15% if at least
10% of the
voting stock of
the company
paying the
dividend is held
by the recipient;
20% in other
cases
Both 10% if loan is
granted by a
bank/similar
institute
including
insurance
company; 15%
for others
Source [Note 3] Source [Note
3]
Uzbekistan Both 15% Both 15% [Note 2] Both 15% Both 15%
Vietnam Both 10% Both 10% [Note 2] Both 10% Both 10%
Zambia Both 5% if at least
25% of the
shares of the
company paying
the dividend is
held for a period
of at least 6
months prior to
the date of
payment of the
dividend; 15%
in other cases
Both 10% [Note 2] Both 10% No separate
provision
1. 10 per cent of the gross amount of the interest on loans made or guaranteed by a bank or other financial
institution carrying on bona fide banking or financing business or by an enterprise which holds directly or
indirectly at least 10 per cent of the capital of the company paying the interest.
2. Dividend/interest earned by the Government and certain institutions like the Reserve Bank of India is
exempt from taxation in the country of source.
3. Royalties and fees for technical services would be taxable in the country of source at the following rates :
-
a. 10 per cent in case of rental of equipment and services provided along with know-how and technical
services ;
b. any other case—
i. during first five years of the agreement—
- 15 per cent if the payer is Government or specified organisation;
- 20 per cent in other cases;
ii. subsequent years, 15% in all cases.
Income of Government and certain institutions will be exempt from taxation in the country of source.
4. Royalties and fees for technical services would be taxable in the country of source at the following rates :
a. 10 per cent in case of royalties relating to the payments for the use of, or the right to use, industrial,
commercial or scientific equipment;
b. 20 per cent in case of fees for technical services and other royalties.
5. 10 per cent of the gross amount of the interest on loans made or guaranteed by a bank or other financial
institution carrying on bona fide banking or financing business or by an enterprise which holds directly or
indirectly at least 20 per cent of the capital of the company paying the interest.
OFFENCES AND PROSECUTIONS
Section Nature of default Punishment
(rigorous
imprisonment)
Fine
(1) (2) (3) (4)
275A Contravention of order made under section 132(1) (Second
Proviso) or 132(3) in case of search and seizure
Up to 2 years No limit
275B Failure to afford necessary facility to authorised officer to
inspect books of account or other documents as required under
section 132(1)(iib)
Up to 2 years No limit
276 Removal, concealment, transfer or delivery of property to
thwart tax recovery
Up to 2 years No limit
276A Failure to comply with provisions of section 178(1) and (3) re :
company in liquidation
6 months to 2 years —
276AB Failure to comply with provisions of sections 269UC 1, 269UE
and 269UL re : purchase of properties by Government
6 months to 2 years No limit
276B Failure to pay to credit of Central Government (i) tax deducted
at source under Chapter XVII-B (non-cognizable offence under
section 279A), or (ii) tax payable u/s 115-O(2) or second
proviso to section 194B
3 months to 7 years No limit
276BB Failure to pay the tax collected under the provisions of section
206C
3 months to 7 years No limit
276C(1) Wilful attempt to evade tax, penalty or interest (non-cognizable
offence under section 279A)—
(a) where tax sought to be evaded exceeds Rs. 1 lakh 6 months to 7 years No limit
(b) in other cases 3 months to 3 years No limit
276C(2) Wilful attempt to evade payment of any tax, penalty or interest
(non-cognizable offence under section 279A)
3 months to 3 years No limit
276CC Wilful failure to furnish returns of fringe benefits under section
115WD/115WH or return of income under section 139(1) or in
response to notice under section 142(1)(i) or section 148 or
section 153A (non-cognizable offence under section 279A)—
file:///C:/TaxmannDataStore/DBFiles/Temp/ftn37mgitadiv2chp1.htm
-
(a) where tax sought to be evaded exceeds Rs. 1 lakh 6 months to 7 years No limit
(b) in other cases 3 months to 3 years No limit
276CCC Wilful failure to furnish in due time return of total income
required to be furnished by notice u/s 158BC(a)
3 months to 3 years No limit
276D Wilful failure to produce accounts and documents under section
142(1) or to comply with a notice under section 142(2A)
Up to 1 year Rs. 4 to Rs.
10 for every
day of
default
277 False statement in verification or delivery of false account, etc.
(non-cognizable offence under section 279A)
(a) where tax sought to be evaded exceeds Rs. 1 lakh 6 months to 7 years No limit
(b) in other cases 3 months to 3 years No limit
277A Falsification of books of account or document, etc., to enable
any other person to evade any tax, penalty or interest
chargeable/leviable under the Act
3 months to 3 years No limit
278 Abetment of false return, account, statement or declaration
relating to any income or fringe benefits chargeable to tax (non-
cognizable offence under section 279A)
(a) where tax, penalty or interest sought to be evaded exceeds
Rs. 1 lakh
6 months to 7 years No limit
(b) in other cases 3 months to 3 years No limit
278A Second and subsequent offences under section 276B, 276C(1),
276CC, 277 or 278
6 months to 7 years No limit
280(1) Disclosure of particulars by public servants in contravention of
section 138(2) [Prosecution to be instituted with previous
sanction of Central Government under section 280(2)]
Up to 6 months
(simple/rigorous)
No limit
Notes :
1. No person is punishable for any failure under section 276A, 276AB or 276B if he proves that there was
reasonable cause for such failure (vide section 278AA).
2. (a) Prosecution for offences under section 275A, section 275B, section 276, section 276A, section 276B,
section 276BB, section 276C, section 276CC, section 276D, section 277, section 277A and section 278
to be instituted with previous sanction of Director General/Chief Commissioner/Commissioner, except
where prosecution is at the instance of the Commissioner (Appeals) or the appropriate authority (vide
section 279).
(b) The offences under Chapter XXII can be compounded (either before or after the institution of
proceedings) by Director General or Chief Commissioner.
3. Where an offence under this Act has been committed by a pe