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CBDT releases Form Sahaj (ITR-1) and Sugam (ITR-4) for A.Y. 2020-21

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF DIRECT TAXES)

NOTIFICATION

New Delhi, the 3rd January, 2020

INCOME-TAX

  G.S.R. 9(E).—In exercise of the powers conferred by section 139 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—
  1. Short title and commencement.—(1) These rules may be called the Income-tax (1st Amendment) Rules, 2020.
    • They shall come into force with effect from the 1st day of April, 2020.
  2. In the Income-tax rules, 1962 (hereinafter referred to as the principal rules), in rule 12,−
  • in sub-rule (1),-
  • in the opening portion, for the figures “2019”, the figures “2020” shall be substituted;
  • in clause (a), in the proviso,-
  • in item (V), the word “or” occurring at the end shall be omitted;
  • after item (VI), the following items shall be inserted, namely:-
“(VII) owns a house property in joint-ownership with two or more persons; or (VIII) is required to furnish a return of income under seventh proviso to sub-section (1) of section 139.”;
  • in clause (ca), -
  • in the proviso, after item (V), the following item shall be inserted, namely:-“(VI) owns a house property in joint-ownership with two or more persons.”;
  • in sub-rule (5), for the figures “2018”, the figures “2019” shall be substituted.
  1. In the principal rules, in Appendix II, for Form “Sahaj (ITR-1)” and “Sugam (ITR-4)”, the following Forms shall, respectively, be substituted, namely:-
 

[Notification No. 01/2020/F. No. 370142/32/2019-TPL]

ANKUR GOYAL, Under Secy.

  Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) VIDE notification number S.O.969(E), dated the 26th March, 1962 and last amended by the Income-tax (16th Amendment) Rules, 2019, VIDE notification number GSR. 960(E), dated 30th December, 2019.  

Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2020

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 10th November, 2020 G.S.R. 696(E).—In exercise of the powers conferred by clauses (c) and (d) of sub-section (2) of section 38A, read with sub-section (4) of section 21 and sub-sections (2) and (4) of section 21B of the Company Secretaries Act, 1980 (56 of 1949), the Central Government hereby makes the following rules further to amend the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, namely:— 1. Short-title and Commencement.—(1) These rules may be called the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2020. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 (hereinafter referred to as said rules), in rule 2, in sub-rule (6), after clause (d), the following clause shall be inserted, namely:— “(dd) “electronic mode” means and includes– (i) filing of complaint, written statement, rejoinder, affidavits, submissions and any other documents by email or any other recognised electronic means or through the online portal; (ii) online payment of prescribed fees or amount of fine or cost as may be imposed by the Board of Discipline or the Disciplinary Committee; (iii) appearance and hearing through video conference or other audio visual means; (iv) service of notices or summons or communications by email or any other recognised electronic means;”. 3. In the said rules, in rule 3,— (a) in sub-rule (1) ,— (i) after the words “in triplicate”, the words, “or through electronic mode” shall be inserted; (ii) in the proviso,— (A) after the words, “by post or courier” the words “or through electronic mode” shall be inserted; (B) after the words, “in the directorate”, the words “or uploaded on portal” shall be inserted; (b) in sub-rule (6), after the words, “acknowledged by”, the words, “electronic mode or” shall be inserted; 4. In the said rules, in rule 4, in sub-rule (2), after the words, “shall be paid”, the words, “through electronic mode or” shall be inserted; 5. In the said rules, in rule 7, in sub-rule (1), after the words, “or courier”, the words, “or through electronic mode” shall be inserted; 6. In the said rules, in rule 8, in sub-rule (1),— (i) in clause (a), after the words, “at his professional address”, the words, “or at email address as per the records of the Institute or such other recognized electronic modes”, shall be inserted; (ii) in clause (b), (a) after the words, “address of its head office”, the words, “or at email address as per the records of the Institute” shall be inserted; (b) after the words, “maintained by the Institute”, the words, “or such other recognized electronic modes” shall be inserted; 7. In the said rules, in rule 10, in sub-rule (1), after the words, “acknowledgement due or speed post”, the words, “or at email address as per the records of the Institute or such other recognized electronic modes” shall be inserted; 8. In the said rules, in rule 14,— (i) in sub-rule (6), after the words, “hour and place of hearing”, the words, ”including hearing through electronic mode” shall be inserted; (ii) after sub-rule (6), the following proviso shall be inserted, namely:— “Provided that the Board of Discipline may allow any of the parties to appear through electronic mode at any hearing scheduled to be held in physical mode”.; 9. In the said rules, in rule 15, in sub-rule (3), after the words, “a certified copy of the final order”, the words, “through registered post or speed post or email or any other recognized electronic mode” shall be inserted; 10. In the said rules, in rule 18,— (i) in sub-rule (6), after the words, “hour and place of hearing”, the words, “including hearing through electronic mode” shall be inserted; (ii) after sub-rule (6), the following proviso shall be inserted, namely:— “Provided that the Committee may allow any of the parties and witnesses to appear through electronic mode at any hearing scheduled to be held in physical mode.”; 11. In the said rules, in rule 19, in sub-rule (3), after the words, “a certified copy of the final order”, the words, “through registered post or speed post or email or any other recognized electronic mode.” shall be inserted; 12. In the said rules, in Form I,— (i) in clause (3), after the words, “latest address”, the words, “Email address, Mobile umber and Landline number”, shall be inserted; (ii) in clause (4), after the words, “professional address”, the words, “Email address, Mobile number and Landline number”, shall be inserted; (iii) at the end, the following note shall be inserted, namely:– “Note:- Please enclose any relevant proof of identity and address: Aadhaar Card/Voter Election Card/Passport/Driving License.”. [F. No. 3/7/2015-PI] MANOJ PANDEY, Jt. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide notification number G.S.R. 111(E), dated the 27th February, 2007 and lastly amended vide notification number G.S.R. 314(E), dated the 23rd April, 2015.

THE GAZETTE OF INDIA : EXTRAORDINARY

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 2nd November, 2020 (INCOME-TAX) S.O. 3952(E).—In exercise of powers conferred by sub-clause (vi) of clause (b) of the Explanation to clause (23FE) of section 10 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), the Central Government hereby specifies the sovereign wealth fund, namely, the MIC Redwood 1 RSC Limited, Abu Dhabi, United Arab Emirates, (hereinafter referred to as “the assessee”) as the specified person for the purposes of the said clause in respect of the investment made by it in India on or after the date of publication of this notification in the Official Gazette but on or before the 31st day of March, 2024 (hereinafter referred to as “said investments”) subject to the fulfilment of the following conditions, namely:- (i) the assessee shall file return of income, for all the relevant previous years falling within the period beginning from the date in which the said investment has been made and ending on the date on which such investment is liquidated, on or before the due date specified for furnishing the return of income under sub-section (1) of section 139 of the Act; (ii) the assessee shall get its books of account audited for the previous years referred to in clause (i) by any accountant specified in the Explanation below sub-section (2) of section 288 of the Act and furnish the Audit Report in the format annexed as Annexure to this notification herewith at least one month prior to the due date specified for furnishing the return of income under subsection (1) of section 139 of the Act. (iii) the assessee shall furnish a quarterly statement within one month from the end of each quarter electronically in Form II as annexed to the Circular No 15 of 2020, dated the 22nd July, 2020 with F. No. 370142/26/2020-TPL, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Tax Policy and Legislation Division), in respect of each investment made by it during the said quarter; (iv) the assessee shall maintain a segmented account of income and expenditure in respect of such investment which qualifies for exemption under clause (23FE) of section 10 of the Act; (v) the assessee shall continue to be owned and controlled, directly or indirectly, by the Government of the Abu Dhabi and at no point of time any other person should have any ownership or control, directly or indirectly, in the assessee; (vi) the assessee shall continue to be regulated under the law of the Government of Abu Dhabi; (vii) the earnings of the assessee shall be credited either to the account of the Government of Abu Dhabi or to any other account designated by that Government so that no portion of the earnings inures to any private person; (viii) (a) the assessee does not and shall not have any loan, borrowing, advances, deposits or investment in it of any kind directly or indirectly from any person other than the Government of the Abu Dhabi; (b) The assessee shall only invest the surplus fund of the Government of Abu Dhabi and that Government shall not raise any loan, debt etc. directly or indirectly, from the market or any entity to make the said investment; (ix) the asset of the assessee shall vest in the Government of Abu Dhabi upon dissolution;   [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 5 (x) the assessee does not and shall not undertake any commercial activity whether within or outside India other than the said investment or investment of similar nature; (xi) the assessee shall have monitoring mechanism to protect the said investment with investee but shall not manage day to day operations of the investee or appoint executive directors in the investee company or participate in the decision making process or control them; and (xii) the assessee shall not carry out asset management activity for any person other than itself. 2. Violation of any of the conditions as stipulated in the said clause (23FE) and this notification shall render the assessee ineligible for the tax exemption. 3. This notification shall come into force from the date of its publication in the Official Gazette. ANNEXURE Audit report to be filed by the Sovereign Wealth Fund claiming exemption under clause (23FE) of section 10 of the Income -tax Act, 1961 Part I *I/we report that the statutory audit of M/s. ………...........…………………. (Name and address of the assessee with Permanent Account Number or Aadhaar Number), the particulars of which are given in Part II was conducted by *me/ us/ M/s. …………………………………………..………. as per the requirement under the Notification No …../…… dated ……… published in the Official Gazette on …….... 2. In *my/ our opinion and to the best of *my/ our information and according to examination of books of account including other relevant documents and explanations given to *me/us, it is certified that the assessee *has/ has not complied with the conditions as laid down under clause (23FE) of section 10 of the Income-tax Act, 1961 and those provided in the said notification specifying the assessee being the Sovereign Wealth Fund as specified person for the purposes of claiming exemption under the said clause (23FE). 2.1 *The conditions not complied with by the assessee are as under:- (a) …………………………….…………………………….……………………………… (b) …………………………….…………………………….……………………………… 3. In *my/our opinion and to the best of *my/ our information and according to examination of books of account including other relevant documents and explanations given to *me/us, the particulars given in the Part II are true and correct subject to the following observations/qualifications, if any, namely:- (a) …………………………….…………………………….……………………………… (b) …………………………….…………………………….……………………………… Part II 1. Name of the Assessee : 2. PAN/ AADHAAR : 3. Previous Year : 4. Total Income of the Assessee during the previous year: 5. Amount of income eligible for exemption under clause (23FE) of section 10 of the Income-tax Act, 1961 : Place: …………… Date: …………… 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] **(Signature and stamp/ Seal of the signatory) Name of the signatory ……………… Full address ……………………… Membership No……………………… UDIN……………………………….. Notes: 3. *Delete whichever is not applicable. 4. This report has to be signed by an accountant falling within the meaning of expression “accountant” as provided in the Explanation below sub-section (2) of section 288 of the Income-tax Act, 1961. [Notification No. 89/2020/ F. No. 370133/16/2020-TPL] ANKIT JAIN, Under Secy. (Tax Policy and Legislation Division) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

1-Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2020 (Copy)

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 10th November, 2020 G.S.R. 696(E).—In exercise of the powers conferred by clauses (c) and (d) of sub-section (2) of section 38A, read with sub-section (4) of section 21 and sub-sections (2) and (4) of section 21B of the Company Secretaries Act, 1980 (56 of 1949), the Central Government hereby makes the following rules further to amend the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, namely:— 1. Short-title and Commencement.—(1) These rules may be called the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2020. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 (hereinafter referred to as said rules), in rule 2, in sub-rule (6), after clause (d), the following clause shall be inserted, namely:— “(dd) “electronic mode” means and includes– (i) filing of complaint, written statement, rejoinder, affidavits, submissions and any other documents by email or any other recognised electronic means or through the online portal; (ii) online payment of prescribed fees or amount of fine or cost as may be imposed by the Board of Discipline or the Disciplinary Committee; (iii) appearance and hearing through video conference or other audio visual means; (iv) service of notices or summons or communications by email or any other recognised electronic means;”. 3. In the said rules, in rule 3,— (a) in sub-rule (1) ,— (i) after the words “in triplicate”, the words, “or through electronic mode” shall be inserted; (ii) in the proviso,— (A) after the words, “by post or courier” the words “or through electronic mode” shall be inserted; (B) after the words, “in the directorate”, the words “or uploaded on portal” shall be inserted; (b) in sub-rule (6), after the words, “acknowledged by”, the words, “electronic mode or” shall be inserted; 4. In the said rules, in rule 4, in sub-rule (2), after the words, “shall be paid”, the words, “through electronic mode or” shall be inserted; 5. In the said rules, in rule 7, in sub-rule (1), after the words, “or courier”, the words, “or through electronic mode” shall be inserted; 6. In the said rules, in rule 8, in sub-rule (1),— (i) in clause (a), after the words, “at his professional address”, the words, “or at email address as per the records of the Institute or such other recognized electronic modes”, shall be inserted; (ii) in clause (b), (a) after the words, “address of its head office”, the words, “or at email address as per the records of the Institute” shall be inserted; (b) after the words, “maintained by the Institute”, the words, “or such other recognized electronic modes” shall be inserted; 7. In the said rules, in rule 10, in sub-rule (1), after the words, “acknowledgement due or speed post”, the words, “or at email address as per the records of the Institute or such other recognized electronic modes” shall be inserted; 8. In the said rules, in rule 14,— (i) in sub-rule (6), after the words, “hour and place of hearing”, the words, ”including hearing through electronic mode” shall be inserted; (ii) after sub-rule (6), the following proviso shall be inserted, namely:— “Provided that the Board of Discipline may allow any of the parties to appear through electronic mode at any hearing scheduled to be held in physical mode”.; 9. In the said rules, in rule 15, in sub-rule (3), after the words, “a certified copy of the final order”, the words, “through registered post or speed post or email or any other recognized electronic mode” shall be inserted; 10. In the said rules, in rule 18,— (i) in sub-rule (6), after the words, “hour and place of hearing”, the words, “including hearing through electronic mode” shall be inserted; (ii) after sub-rule (6), the following proviso shall be inserted, namely:— “Provided that the Committee may allow any of the parties and witnesses to appear through electronic mode at any hearing scheduled to be held in physical mode.”; 11. In the said rules, in rule 19, in sub-rule (3), after the words, “a certified copy of the final order”, the words, “through registered post or speed post or email or any other recognized electronic mode.” shall be inserted; 12. In the said rules, in Form I,— (i) in clause (3), after the words, “latest address”, the words, “Email address, Mobile umber and Landline number”, shall be inserted; (ii) in clause (4), after the words, “professional address”, the words, “Email address, Mobile number and Landline number”, shall be inserted; (iii) at the end, the following note shall be inserted, namely:– “Note:- Please enclose any relevant proof of identity and address: Aadhaar Card/Voter Election Card/Passport/Driving License.”. [F. No. 3/7/2015-PI] MANOJ PANDEY, Jt. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide notification number G.S.R. 111(E), dated the 27th February, 2007 and lastly amended vide notification number G.S.R. 314(E), dated the 23rd April, 2015.

1-THE GAZETTE OF INDIA : EXTRAORDINARY (Copy)

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 2nd November, 2020 (INCOME-TAX) S.O. 3952(E).—In exercise of powers conferred by sub-clause (vi) of clause (b) of the Explanation to clause (23FE) of section 10 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), the Central Government hereby specifies the sovereign wealth fund, namely, the MIC Redwood 1 RSC Limited, Abu Dhabi, United Arab Emirates, (hereinafter referred to as “the assessee”) as the specified person for the purposes of the said clause in respect of the investment made by it in India on or after the date of publication of this notification in the Official Gazette but on or before the 31st day of March, 2024 (hereinafter referred to as “said investments”) subject to the fulfilment of the following conditions, namely:- (i) the assessee shall file return of income, for all the relevant previous years falling within the period beginning from the date in which the said investment has been made and ending on the date on which such investment is liquidated, on or before the due date specified for furnishing the return of income under sub-section (1) of section 139 of the Act; (ii) the assessee shall get its books of account audited for the previous years referred to in clause (i) by any accountant specified in the Explanation below sub-section (2) of section 288 of the Act and furnish the Audit Report in the format annexed as Annexure to this notification herewith at least one month prior to the due date specified for furnishing the return of income under subsection (1) of section 139 of the Act. (iii) the assessee shall furnish a quarterly statement within one month from the end of each quarter electronically in Form II as annexed to the Circular No 15 of 2020, dated the 22nd July, 2020 with F. No. 370142/26/2020-TPL, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Tax Policy and Legislation Division), in respect of each investment made by it during the said quarter; (iv) the assessee shall maintain a segmented account of income and expenditure in respect of such investment which qualifies for exemption under clause (23FE) of section 10 of the Act; (v) the assessee shall continue to be owned and controlled, directly or indirectly, by the Government of the Abu Dhabi and at no point of time any other person should have any ownership or control, directly or indirectly, in the assessee; (vi) the assessee shall continue to be regulated under the law of the Government of Abu Dhabi; (vii) the earnings of the assessee shall be credited either to the account of the Government of Abu Dhabi or to any other account designated by that Government so that no portion of the earnings inures to any private person; (viii) (a) the assessee does not and shall not have any loan, borrowing, advances, deposits or investment in it of any kind directly or indirectly from any person other than the Government of the Abu Dhabi; (b) The assessee shall only invest the surplus fund of the Government of Abu Dhabi and that Government shall not raise any loan, debt etc. directly or indirectly, from the market or any entity to make the said investment; (ix) the asset of the assessee shall vest in the Government of Abu Dhabi upon dissolution;   [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 5 (x) the assessee does not and shall not undertake any commercial activity whether within or outside India other than the said investment or investment of similar nature; (xi) the assessee shall have monitoring mechanism to protect the said investment with investee but shall not manage day to day operations of the investee or appoint executive directors in the investee company or participate in the decision making process or control them; and (xii) the assessee shall not carry out asset management activity for any person other than itself. 2. Violation of any of the conditions as stipulated in the said clause (23FE) and this notification shall render the assessee ineligible for the tax exemption. 3. This notification shall come into force from the date of its publication in the Official Gazette. ANNEXURE Audit report to be filed by the Sovereign Wealth Fund claiming exemption under clause (23FE) of section 10 of the Income -tax Act, 1961 Part I *I/we report that the statutory audit of M/s. ………...........…………………. (Name and address of the assessee with Permanent Account Number or Aadhaar Number), the particulars of which are given in Part II was conducted by *me/ us/ M/s. …………………………………………..………. as per the requirement under the Notification No …../…… dated ……… published in the Official Gazette on …….... 2. In *my/ our opinion and to the best of *my/ our information and according to examination of books of account including other relevant documents and explanations given to *me/us, it is certified that the assessee *has/ has not complied with the conditions as laid down under clause (23FE) of section 10 of the Income-tax Act, 1961 and those provided in the said notification specifying the assessee being the Sovereign Wealth Fund as specified person for the purposes of claiming exemption under the said clause (23FE). 2.1 *The conditions not complied with by the assessee are as under:- (a) …………………………….…………………………….……………………………… (b) …………………………….…………………………….……………………………… 3. In *my/our opinion and to the best of *my/ our information and according to examination of books of account including other relevant documents and explanations given to *me/us, the particulars given in the Part II are true and correct subject to the following observations/qualifications, if any, namely:- (a) …………………………….…………………………….……………………………… (b) …………………………….…………………………….……………………………… Part II 1. Name of the Assessee : 2. PAN/ AADHAAR : 3. Previous Year : 4. Total Income of the Assessee during the previous year: 5. Amount of income eligible for exemption under clause (23FE) of section 10 of the Income-tax Act, 1961 : Place: …………… Date: …………… 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] **(Signature and stamp/ Seal of the signatory) Name of the signatory ……………… Full address ……………………… Membership No……………………… UDIN……………………………….. Notes: 3. *Delete whichever is not applicable. 4. This report has to be signed by an accountant falling within the meaning of expression “accountant” as provided in the Explanation below sub-section (2) of section 288 of the Income-tax Act, 1961. [Notification No. 89/2020/ F. No. 370133/16/2020-TPL] ANKIT JAIN, Under Secy. (Tax Policy and Legislation Division) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

1-CBDT releases Form Sahaj (ITR-1) and Sugam (ITR-4) for A.Y. 2020-21 (Copy)

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF DIRECT TAXES)

NOTIFICATION

New Delhi, the 3rd January, 2020

INCOME-TAX

  G.S.R. 9(E).—In exercise of the powers conferred by section 139 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—
  1. Short title and commencement.—(1) These rules may be called the Income-tax (1st Amendment) Rules, 2020.
    • They shall come into force with effect from the 1st day of April, 2020.
  2. In the Income-tax rules, 1962 (hereinafter referred to as the principal rules), in rule 12,−
  • in sub-rule (1),-
  • in the opening portion, for the figures “2019”, the figures “2020” shall be substituted;
  • in clause (a), in the proviso,-
  • in item (V), the word “or” occurring at the end shall be omitted;
  • after item (VI), the following items shall be inserted, namely:-
“(VII) owns a house property in joint-ownership with two or more persons; or (VIII) is required to furnish a return of income under seventh proviso to sub-section (1) of section 139.”;
  • in clause (ca), -
  • in the proviso, after item (V), the following item shall be inserted, namely:-“(VI) owns a house property in joint-ownership with two or more persons.”;
  • in sub-rule (5), for the figures “2018”, the figures “2019” shall be substituted.
  1. In the principal rules, in Appendix II, for Form “Sahaj (ITR-1)” and “Sugam (ITR-4)”, the following Forms shall, respectively, be substituted, namely:-
 

[Notification No. 01/2020/F. No. 370142/32/2019-TPL]

ANKUR GOYAL, Under Secy.

  Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) VIDE notification number S.O.969(E), dated the 26th March, 1962 and last amended by the Income-tax (16th Amendment) Rules, 2019, VIDE notification number GSR. 960(E), dated 30th December, 2019.  

2-CBDT releases Form Sahaj (ITR-1) and Sugam (ITR-4) for A.Y. 2020-21 (Copy) (Copy)

MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF DIRECT TAXES)

NOTIFICATION

New Delhi, the 3rd January, 2020

INCOME-TAX

  G.S.R. 9(E).—In exercise of the powers conferred by section 139 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—
  1. Short title and commencement.—(1) These rules may be called the Income-tax (1st Amendment) Rules, 2020.
    • They shall come into force with effect from the 1st day of April, 2020.
  2. In the Income-tax rules, 1962 (hereinafter referred to as the principal rules), in rule 12,−
  • in sub-rule (1),-
  • in the opening portion, for the figures “2019”, the figures “2020” shall be substituted;
  • in clause (a), in the proviso,-
  • in item (V), the word “or” occurring at the end shall be omitted;
  • after item (VI), the following items shall be inserted, namely:-
“(VII) owns a house property in joint-ownership with two or more persons; or (VIII) is required to furnish a return of income under seventh proviso to sub-section (1) of section 139.”;
  • in clause (ca), -
  • in the proviso, after item (V), the following item shall be inserted, namely:-“(VI) owns a house property in joint-ownership with two or more persons.”;
  • in sub-rule (5), for the figures “2018”, the figures “2019” shall be substituted.
  1. In the principal rules, in Appendix II, for Form “Sahaj (ITR-1)” and “Sugam (ITR-4)”, the following Forms shall, respectively, be substituted, namely:-
 

[Notification No. 01/2020/F. No. 370142/32/2019-TPL]

ANKUR GOYAL, Under Secy.

  Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) VIDE notification number S.O.969(E), dated the 26th March, 1962 and last amended by the Income-tax (16th Amendment) Rules, 2019, VIDE notification number GSR. 960(E), dated 30th December, 2019.  

2-THE GAZETTE OF INDIA : EXTRAORDINARY (Copy)

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 2nd November, 2020 (INCOME-TAX) S.O. 3952(E).—In exercise of powers conferred by sub-clause (vi) of clause (b) of the Explanation to clause (23FE) of section 10 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), the Central Government hereby specifies the sovereign wealth fund, namely, the MIC Redwood 1 RSC Limited, Abu Dhabi, United Arab Emirates, (hereinafter referred to as “the assessee”) as the specified person for the purposes of the said clause in respect of the investment made by it in India on or after the date of publication of this notification in the Official Gazette but on or before the 31st day of March, 2024 (hereinafter referred to as “said investments”) subject to the fulfilment of the following conditions, namely:- (i) the assessee shall file return of income, for all the relevant previous years falling within the period beginning from the date in which the said investment has been made and ending on the date on which such investment is liquidated, on or before the due date specified for furnishing the return of income under sub-section (1) of section 139 of the Act; (ii) the assessee shall get its books of account audited for the previous years referred to in clause (i) by any accountant specified in the Explanation below sub-section (2) of section 288 of the Act and furnish the Audit Report in the format annexed as Annexure to this notification herewith at least one month prior to the due date specified for furnishing the return of income under subsection (1) of section 139 of the Act. (iii) the assessee shall furnish a quarterly statement within one month from the end of each quarter electronically in Form II as annexed to the Circular No 15 of 2020, dated the 22nd July, 2020 with F. No. 370142/26/2020-TPL, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Tax Policy and Legislation Division), in respect of each investment made by it during the said quarter; (iv) the assessee shall maintain a segmented account of income and expenditure in respect of such investment which qualifies for exemption under clause (23FE) of section 10 of the Act; (v) the assessee shall continue to be owned and controlled, directly or indirectly, by the Government of the Abu Dhabi and at no point of time any other person should have any ownership or control, directly or indirectly, in the assessee; (vi) the assessee shall continue to be regulated under the law of the Government of Abu Dhabi; (vii) the earnings of the assessee shall be credited either to the account of the Government of Abu Dhabi or to any other account designated by that Government so that no portion of the earnings inures to any private person; (viii) (a) the assessee does not and shall not have any loan, borrowing, advances, deposits or investment in it of any kind directly or indirectly from any person other than the Government of the Abu Dhabi; (b) The assessee shall only invest the surplus fund of the Government of Abu Dhabi and that Government shall not raise any loan, debt etc. directly or indirectly, from the market or any entity to make the said investment; (ix) the asset of the assessee shall vest in the Government of Abu Dhabi upon dissolution;   [भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 5 (x) the assessee does not and shall not undertake any commercial activity whether within or outside India other than the said investment or investment of similar nature; (xi) the assessee shall have monitoring mechanism to protect the said investment with investee but shall not manage day to day operations of the investee or appoint executive directors in the investee company or participate in the decision making process or control them; and (xii) the assessee shall not carry out asset management activity for any person other than itself. 2. Violation of any of the conditions as stipulated in the said clause (23FE) and this notification shall render the assessee ineligible for the tax exemption. 3. This notification shall come into force from the date of its publication in the Official Gazette. ANNEXURE Audit report to be filed by the Sovereign Wealth Fund claiming exemption under clause (23FE) of section 10 of the Income -tax Act, 1961 Part I *I/we report that the statutory audit of M/s. ………...........…………………. (Name and address of the assessee with Permanent Account Number or Aadhaar Number), the particulars of which are given in Part II was conducted by *me/ us/ M/s. …………………………………………..………. as per the requirement under the Notification No …../…… dated ……… published in the Official Gazette on …….... 2. In *my/ our opinion and to the best of *my/ our information and according to examination of books of account including other relevant documents and explanations given to *me/us, it is certified that the assessee *has/ has not complied with the conditions as laid down under clause (23FE) of section 10 of the Income-tax Act, 1961 and those provided in the said notification specifying the assessee being the Sovereign Wealth Fund as specified person for the purposes of claiming exemption under the said clause (23FE). 2.1 *The conditions not complied with by the assessee are as under:- (a) …………………………….…………………………….……………………………… (b) …………………………….…………………………….……………………………… 3. In *my/our opinion and to the best of *my/ our information and according to examination of books of account including other relevant documents and explanations given to *me/us, the particulars given in the Part II are true and correct subject to the following observations/qualifications, if any, namely:- (a) …………………………….…………………………….……………………………… (b) …………………………….…………………………….……………………………… Part II 1. Name of the Assessee : 2. PAN/ AADHAAR : 3. Previous Year : 4. Total Income of the Assessee during the previous year: 5. Amount of income eligible for exemption under clause (23FE) of section 10 of the Income-tax Act, 1961 : Place: …………… Date: …………… 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] **(Signature and stamp/ Seal of the signatory) Name of the signatory ……………… Full address ……………………… Membership No……………………… UDIN……………………………….. Notes: 3. *Delete whichever is not applicable. 4. This report has to be signed by an accountant falling within the meaning of expression “accountant” as provided in the Explanation below sub-section (2) of section 288 of the Income-tax Act, 1961. [Notification No. 89/2020/ F. No. 370133/16/2020-TPL] ANKIT JAIN, Under Secy. (Tax Policy and Legislation Division) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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