5th May, 2009
Mr. S.S.N. Moorthy,
Chairman
Central Board of Direct Taxes
Department of Revenue
Ministry of Finance
Government of India
North Block
New Delhi – 110 001

Respected Sir,

Sub: Clarification regarding new Form No.17

The Income-tax Rules relating to time and mode of payment to Government
account of -

(1) tax deducted at source; or
(2) tax paid under Chapter XVII-B; or
(3) tax collected at source under Chapter XVII-BB

have been amended vide the Income-tax (8th Amendment) Rules 2009 with
effect from 1st April, 2009.

The two significant requirements arising as a consequence of such
amendments are as follows –

(1) The new Rules [namely, Rule 30(4) and Rule 37CA(2)], inter-alia,
mandatorily require the person responsible for making deduction, or
payment of tax, under Chapter XVII-B, and the person responsible for
making collection under Chapter XVII-BB, to electronically furnish an
income-tax challan in new Form No.17 within the specified time.

(2) Further, new Rules 30(1)(b) and 37CA(1) provide that all sums
deducted in accordance with the provisions of Chapter XVII-B and all
sums collected in accordance with the provisions of Chapter XVII-BB
should be paid to the credit of the Central Government within one week
from the end of the month in which the deduction or collection is made.

>From a combined reading of both the requirements [i.e. (1) and (2)]
above, it is clear that remittances have to be made by the 7th of the
succeeding month in new Form No.17. Therefore, the tax deducted and
collected during the month of April, 2009 have to be remitted latest by
7th May, 2009 in new Form No.17.

However, the new Form No.17 has not yet been uploaded in the payment
gateway on the site www.incometaxindia.gov.in. Only the old challan 281
is available on the website.

Therefore, we request you to clarify whether remittances can be made
using the old challan 281. This clarification is required on an urgent
basis since the new rules make it mandatory to furnish income-tax
challan in new Form No.17 and only two more days are available to
comply with this requirement.

Warm regards,

Yours sincerely,
Sd/-
CA. Uttam Prakash Agarwal
Technorati Tags: Clarification sought by ICAI,New TDS Provisions,Form
No. 17

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Posted By CA. Vinod Dasani to CA. Vinod Dasani at 5/07/2009 10:55:00 AM
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