New Rule for 15CA / CB is applicable from April 2016

 

Rule 37BB has been amended and provides that
The furnishing of information for payment to a non-resident, not being a company, or to a foreign company in Form 15CA has been classified into 4 parts- Part A, Part B, Part C and Part D, wherein:

Part A
Where the remittance or the aggregate of such remittances does not exceed 5 lakh rupees during the FY.  (Whether taxable or not)

Part B
Where an order/ certificate u/s 195(2) / 195(3) / 197 of Income-tax Act has been obtained from the AO. (Whether NIL rate or Lower Rate Certificate)

Part C
Where remittance is chargeable to tax under domestic law and the remittance or the aggregate of such remittances exceeds 5 lakh rupees during the FY
and
a certificate in Form No. 15CB from a CA has been obtained electronically. (Utility available on Income Tax Efiling Website)

Part D
Where the remittance is not chargeable to tax under Domestic Law.

No 15CA / CB is required in following cases:-
if an individual is making remittance which do not requiring RBI approval under its Liberalised Remmittace Scheme (LRS) or items mentioned in Schedule III to the Foreign Exchange (Current Account Transaction) Rules, 2000
                         or
if remittance is in the nature of 33 items provided in the rule 33BB. The main items are as follows:-           
-   Indian investment in Equities or Debt securities abroad
-   Investment in Real estate abroad
-   Advance or Payment for Imports including Freign & Insurance
-   Remittance towards business travel
-   Travel for Medical Treatment
-   Payment for Education or Postal Services
-   Personal Gifts and donations

Key Points
- Form 15CA and 15CB needs to be filled electronically
- Exemption from filling is available for 33 transactions are given in the Rule 37BB including payments for imports.
- Penalty of Rs. 1 lakh for each default of non-filling will be applicable
Good Morning

 

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    I hope by reading this article you got enlighten on ,New Rule for 15CA / CB is applicable from April 2016Cases where No 15CA / CB is required , Rule 37BB has been amended from 1 April 2016, New Rule for 15CA / CB is applicable from April 2016, further to mention before taken any financial decision based on this content it is prefered to take an expert opinion as matter can be subjective.