Statement of deduction or collection of tax at source under section 397(3)(b)

Statement of deduction or collection of tax at source under section 397(3)(b).

219. (1) Every person responsible for deduction of tax or collection of tax at source under Chapter XIX-B of the Act with respect to the sections referred in column B of the following Table, shall, as per section 397(3)(b), deliver, or cause to be delivered, to the Director General of Income-tax (Systems) or the person authorised by him, the quarterly statements in the Form as referred to in column C thereof:

TABLE

Sl. No. Form

A C

1 138

2 144

3 140

4 143

(2) Where under the guidelines issued under section 400(2) read with section 393(1) [Table: Sl. No. (8)(vi)], the exchange has agreed to pay tax in relation to a transaction of transfer of a virtual digital asset, owned by it, as an alternative to tax required to be deducted by the buyer of such asset under section 393(1) [Table: Sl. No. (8)(vi)], the exchange shall deliver or cause to be delivered, a quarterly statement of such transactions in Form No. 142.

(3) The exchange referred to in sub-rule (2) shall, at the time of preparing the quarterly statement in Form No. 142, furnish particulars of the amount paid or credited, on which tax was not deducted in accordance with guidelines issued under section 400(2).

(4) The statements referred to in sub-rules (1) and (2) for the quarter of the financial year ending with the date specified in column B of the following Table shall be furnished by the due date specified in the corresponding entry in column C thereof:

TABLE

Sl. No. Due date

A C

1. 31st July of the financial year.

2. 31st October of the financial year.

3. 31st January of the financial year.

4. 31st May of the financial year immediately following the tax year in which the deduction or collection, as the case may be, is required to be made.

(5) Irrespective of anything contained in sub-rule (1) or (2) or (4), a challan- cum -statement in Form No. 141 shall be furnished within thirty days from the end of the month in which the deduction is made by the person responsible for deduction of tax under the following sections:

(a) section 393(1) [Table Sl. No. (2)(i)];

(b) section 393(1) [Table Sl. No. (3)(i)];

(c) section 393(1) [Table Sl. No. (6)(ii)]; and

(d) section 393(1) [Table Sl. No. (8)(vi)].

(6) A claim for refund, for the sum paid to the credit of the Central Government under Chapter XIX-B of the Act shall be furnished by the deductor in Form No. 139.

(7) In cases, where the trustees of an approved superannuation fund pay any contributions made by an employer, including interest on such contributions, to an employee during his life-time, they shall send within two months from the end of the financial year to the Director General of Income-tax (Systems) or the person authorised by him, a statement giving the following particulars:—

(a) name of the superannuation fund;

(b) name and address of the employee;

(c) the period for which the employee has contributed to the superannuation fund;

(d) the amount of contribution repaid on account of principal and interest;

(e) the average rate of deduction of tax during the preceding three years; and

(f) the amount of tax deducted on repayment.

(8) A duly-signed verification in the following Form shall be annexed to the statement referred to in sub-rule (1):

FORM OF VERIFICATION

We/I, the trustee(s) of the above named fund, do declare that what is stated in the above statement is true to the best of our/my information and belief.

(9) For the purposes of sub-rule (2),—

(a) "exchange" means a person that operates an application or platform for transfer of virtual digital assets, which matches buy and sell trades and execute the same on their application or platform; and

(b) "virtual digital asset" shall have meaning assigned to it in section 2(111).