In exercise of the powers conferred by sub-section
(5B) of section 206C of the Income-tax Act, 1961 (43 of 1961), the Central
Board of Direct Taxes hereby specifies the following Scheme for electronic
filing of return of tax collected at source, namely : (1) This Scheme may be called the Electronic Filing of Returns of Tax
Collected at Source Scheme, 2005. (2) It shall come into force on the date of its publication in the Official
Gazette. (3) It shall be applicable to all persons filing returns of tax collected at
source on computer media under sub-section (5B) of section 206C of the
Income-tax Act, 1961. In this Scheme, unless the context otherwise
requires, (1) Act means the Income-tax Act, 1961 (43 of 1961); (2) Board means the Central Board of Direct Taxes constituted under the
Central Board of Revenues Act, 1963 (54 of 1963); (3) computer media means a floppy (3 inch and 1.44 MB capacity) or CD-ROM,
and includes on-line data transmission of electronic data to a server
designated by e-filing Administrator for this purpose; (4) e-collector means the person responsible for collection of tax at source
who is required to furnish e-TCS Return under this scheme; (5) e-filing Administrator means an officer not below the rank of
Commissioner of Income-tax designated by the Board for the purpose of
administration of this scheme; (6) e-TCS Intermediary means a person, being a company, authorised by the
Board to act as e-TCS Intermediary under this scheme; (7) e-TCS Return means a return to be filed under sub-section (5B) of
section 206C of the Act duly supported by a declaration in Form No. 27B as
prescribed under the Rules; (8) Rules means the Income-tax Rules, 1962; (9) all other words and expressions used herein but not defined and defined
in the Act shall have the meanings respectively assigned to them in the Act. (1) The e-collector shall use the relevant Form prescribed under the Rules
for preparing e-TCS Returns. (2) The e-collector shall prepare his e-TCS Return according to the data
structure to be provided by the e-filing Administrator. (3) While preparing e-TCS Return, the e-collector shall quote his permanent
account number and tax deduction and collection account number as also the
permanent account number of all persons in respect of whom tax has been
collected by him. (4) The e-collector shall ensure that all columns of the Forms of the return
for tax collection at source, prescribed under the Rules, are duly and
correctly filled in. (5) Each computer media used for preparation of the e-TCS Return shall be
affixed with a label indicating name, permanent account number, tax deduction
and collection account number and address of the e-collector, the period to
which the return pertains, the Form Number of the return and the volume number
of the said media in case more than one volume of such media is used. (6) Separate computer media shall be used for each Form of e-TCS Return by
the e-collector. (1) The e-collector shall furnish e-TCS Return on computer media to the
e-TCS Intermediary duly supported by a declaration in Form No. 27B, as
prescribed in the Rules, in paper format: Provided that in case any compression software has
been used by the e-collector for preparing the e-TCS Return, he shall also
furnish such compression software alongwith the e-TCS Return on the same
computer media. (2) In case the e-collector has on-line connectivity with the server of the
e-TCS Intermediary, as may be designated by e-filing Administrator for this
purpose, he may transmit the electronic data of the e-TCS Return directly to
such server and send Form No. 27B on paper format separately to the e-TCS
Intermediary. (1) The e-TCS Intermediary shall receive the e-TCS Return from e-collectors
alongwith the declaration in Form No. 27B in paper format. (2) The e-TCS Intermediary shall perform format level validation and control
checks on the e-TCS Returns received by him and on successful completion of the
same, the e-filing Administrator shall issue provisional receipt to the
e-collector. (3) The e-TCS Intermediary shall upload the data on e-TCS Return on the
server designated by the e-filing Administrator for the purpose of e-TCS Return
and check whether the prescribed particulars relating to deposit of the tax
collected at source in bank and the permanent account number of the person from
whom tax has been collected have been given in the e-TCS Return. (4) On successful completion of the check, the data of e-TCS Return shall be
transmitted by the e-TCS Intermediary to the e-filing Administrator together
with the declaration in Form No. 27B and the provisional receipt issued shall
be deemed to be the acknowledgement of the e-TCS Return. (5) Where the details of deposit of tax collected at source in bank, the
permanent account number, tax deduction and collection account number or any
other relevant details are not given in the e-TCS Return, the e-filing
Administrator shall forward a deficiency memo to the e-collector with a request
to remove the deficiencies within seven days of receipt of the same. (6) In case the deficiency indicated in the deficiency memo is removed
within seven days, the data on e-TCS Return shall be transmitted by the e-TCS
Intermediary to the e-filing Administrator and the provisional receipt shall be
deemed to be acknowledgement of the e-TCS Return. The date of issue of
provisional receipt shall be deemed to be the date of filing of the e-TCS
Return. (7) In case no deficiency memo is issued by the e-filing Administrator
within thirty days of issue of the provisional receipt, the provisional receipt
issued shall be deemed to be the acknowledgement of the e-TCS Return and the
date of issue of provisional receipt shall be deemed to be the date of filing
of e-TCS Return. (8) Where the deficiencies indicated in the deficiency memo are not removed
by the e-collector within seven days, the e-TCS Intermediary shall communicate
the same to the e-filing Administrator and transmit the data to the e-filing
Administrator whereupon Assessing Officer may take action for declaring the
return as an invalid return after giving due opportunity to the deductor as
required under sub-section (5D) of section 206C of the Act. (9) In case the defects intimated by the Assessing Officer are rectified
within the period of fifteen days, or such further period as may be allowed by
the Assessing Officer, the date of issue of provisional receipt shall be deemed
to be the date of filing of e-TCS Return. (1) The e-TCS Intermediary shall ensure accurate transmission of the e-TCS
Return to the e-filing Administrator: Provided that the e-TCS Intermediary shall not be
responsible for any errors or omissions in the return of tax collected at
source prepared by the e-collector. (2) The e-TCS Intermediary shall retain for a period of one year from the
end of the relevant financial year in which the return is required to be filed,
the electronic data of the TCS Return in the format as specified by the
e-filing Administrator. (3) The e-TCS Intermediary shall retain for a period of one year from the
end of the relevant financial year in which the return is required to be filed,
the information relating to deficiency memo and provisional receipts issued in
respect of the returns filed through it. (4) The e-TCS Intermediary shall ensure confidentiality of information that
comes to his possession during the course of implementation of this scheme,
save with the permission of the e-collector, Assessing Officer or e-filing
Administrator. (5) The e-TCS Intermediary shall ensure that all his employees, agents,
franchisees, etc., adhere to all provisions of this scheme as well as all
directions issued by the e-filing Administrator. Without affecting the generality of the foregoing
provisions, the e-filing Administrator shall (1) specify the procedures, data structures, formats and standards for
ensuring secure capture and transmission of data, for the day to day
administration of this scheme; (2) ensure compliance by e-TCS Intermediary with the technical requirements
of this scheme, including review of the functioning of e-return Intermediary,
verification of any complaints, scrutinising advertising material issued by
them and such other matters as he deems fit. The Board may [1][, after
recording the reasons in writing,] revoke the authorisation of an e-filing
Intermediary on grounds of improper conduct, misrepresentation, unethical
practices, fraud or established lack of service to the e-collectors or such
other ground as it may deem fit : [2][Provided that the Board shall not revoke the authorisation of an
e-filing Intermediary without giving it a reasonable opportunity of being
heard.] ELECTRONIC FILING OF RETURNS OF TAX
COLLECTED AT SOURCE SCHEME, 2005
PREAMBLE