220. Furnishing of information for payment to a non-resident, not being a company, or to a foreign company.[i]
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(1) The person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum chargeable under the Act, shall furnish the following:— (a) information in Part A of Form No. 145, if the amount of payment or the aggregate of such payments, as the case may be, made during the tax year does not exceed Rs. 5,00,000; (b) information in Part B of Form No. 145, if the amount of payment or the aggregate of such payments exceeds Rs. 5,00,000 and where a certificate or order is obtained from the Assessing Officer under section 395(1) or (2); (c) information in Part C of Form No. 145, if the amount of payment or the aggregate of such payments exceeds Rs. 5,00,000 and where a certificate in Form No. 146 from an accountant as defined in section 515(3)(b) is obtained, but where information in Part B of the said Form has been furnished, no information is required to be furnished in Part C of the said Form. |
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(2) The person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum which is not chargeable under the provisions of the Act, shall furnish the information in Part D of Form No. 145. |
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(3) No information shall be required to be furnished for any sum that is not chargeable under the Act, irrespective of sub-rule (2), if,— (a) the remittance is made by an individual and it does not require prior approval of Reserve Bank of India as per the provisions of section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999) read with Schedule III to the Foreign Exchange (Current Account Transaction) Rules, 2000 made under the said Act; or (b) the remittance is made by a Unit of an International Financial Services Centre referred to in section 147(1)(b); or (c) the remittance is of the nature specified in column C of the specified list below:
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(4) The information in Form No. 145 shall be furnished,— (a) electronically under digital signature in accordance with the procedures, formats and standards specified by the Director General of Income-tax (Systems) under rule 332 and thereafter the said Form shall be submitted to the authorized dealer electronically or otherwise, prior to remitting the payment; or (b) electronically in accordance with the procedures, formats and standards specified by the Director General of Income-tax (Systems) under rule 332 and thereafter a signed printout of the said Form shall be submitted to the authorized dealer electronically or otherwise, prior to remitting the payment. |
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(5) An income-tax authority may require the authorized dealer to furnish a copy of Form No. 145 referred to in sub-rule (4) (b) for the purposes of any proceedings under the Act. |
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(6) A quarterly statement, for each quarter of the financial year shall be furnished in respect of all remittances referred to in sub-rules (1), (2) and (3) by— (a) the authorized dealer in Form No. 147; or (b) a Unit of an International Financial Services Centre referred to in section 147(1)(b), responsible for paying to a non-resident (not being a company) or to a foreign company, in Form No. 148, to the Director General of Income-tax (Systems) or the person authorised by him, within fifteen days from the end of the quarter of the tax year to which such statement relates. |
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(7) For the purposes of this rule,— (a) "authorised dealer" means a person authorised as an authorised dealer under section 10(1) of the Foreign Exchange Management Act, 1999 (42 of 1999); (b) "International Financial Services Centre" shall have the same meaning as assigned to it in section 2(q) of the Special Economic Zones Act, 2005 (28 of 2005); and (c) "Unit" shall have the same meaning as assigned to it in section 2(zc) of the Special Economic Zones Act, 2005 (28 of 2005) |