Revised Form 10DA for claiming new workmen wages deduction under section 80JJAA-CBDT Notification

Revised Form 10DA for claiming new workmen wages deduction under section 80JJAA

As per the amended section 80JJAA of the Income Tax Act, 1961 w.e.f 01-04-2017, where the gross total income of an assessee who is liable for tax audit u/s 44AB having business income, a deduction of an amount equal to 30 per cent of additional employee cost incurred shall be allowed subject to inter alia that along with the return of income, the assessee furnishes a report from the chartered accountant in the prescibed form.

The notification has amended the existing Rule 19AB by substituting it with the new rule in line with the amaendment made by the Finance Act, 2016 w.e.f. 01-04-2017.

As per the substituted Rule 19AB, the said report from the chartered accountant which is required to be furnished along with return of income shall be in Form No. 19AB.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)

Notification No. 26/2017

New Delhi, the 3rd April, 2017

INCOME-TAX

G.S.R. 325(E). — In exercise of the powers conferred by clause (c) of sub-section (2) of section 80JJAA 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. (1) These rules may be called the Income-tax ( 6th Amendment), Rules, 2017.
   (2) They shall come into force from the 1st day of April,2017.

2. In the Income-tax Rules, 1962 (hereafter referred to as the Principal rules), for the existing rule 19AB, the following rule shall be substituted, namely:-

“19AB. Form of report for claiming deduction under section 80JJAA. Report of an accountant which is required to be furnished by the assessee along with the return of income under clause (c) of sub-section (2) of section 80JJAA shall be in Form No. 10DA.”

3. In the principal rules, in Appendix II, for the ‘Form No. 10DA’, the following Form shall be substituted, namely:- “

FORM NO. 10DA
[See rule 19AB]

Report under section 80JJAA of the Income-tax Act, 1961

1. I/ We* have examined the accounts and records of __________________ (Name and address of the assessee with permanent account number) engaged in the business of  of _________________during the year ended on 31st day of March _______________.

2. I/We* certify that the deduction to be claimed by the assessee under sub-section (1) of section 80JJAA of Incometax Act, 1961, in respect of the assessment year _______________ is Rs. ___________ determined on the basis of additional employee cost incurred in the case of said business by the assessee in the previous year. The said amount has been worked out on the basis of details given in annexure to this form.

Place:
Date: ________________ ___________

(Signature and Stamp/Seal of the Accountant)
Name of the Signatory_____________
Full Address_____________
Membership No_________________.

Notes:
1. *Delete whichever is not applicable.
2. This report is to be given by a chartered accountant within the meaning of the Chartered Accountants Act,1949 who holds a valid certificate of practice under section 6(1) of that Act and is not a person referred to in clause (a) or clause (b) of the Explanation below sub-section (2) of section 288.
3. Where any of the matter stated in this report is answered in the negative or with a qualification, the report shall state the reasons therefor.

ANNEXURE
(See paragraph 2 of Form No. 10DA)

[F. No. 370142/3/2017-TPL]
ABHISHEK GAUTAM,
Under Secy. (Tax Policy and Legislation)

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