Friday, 11 November 2022

What is Rule 132 of the Income Tax Rules?


 

1. Rule 132 is a beneficial clause allowing assessees to comply with the provision of Section 155 which allows Assessing Officers to re-compute the total income for such previous years in which the assessee would have claimed deduction of surcharge or cess subject to be disallowed u/s 40(a)(ii).

 

2. CBDT has introduced Rule 132, which came into effect on October 1, 2022. It deals with the re-computation of income U/S 155(18) of the Income Tax Act, 1961, in the Income Tax Rules, 1962.

 

3. As per Finance Act 2022, a deduction for such cess and surcharge on income tax is not an allowable deduction from the taxable profit. This amendment has been made with retrospective effect from 2005. AO is provided with the power to recompute Income on account of the retrospective amendment in Sec 155(18).

 

4. However by way of Rule 132, a one time window is provided to recompute Income by disallowing the cess and surcharge, which the assessee would have claimed as a deduction.

 

5. The information about the cess and surcharge claimed is to be submitted electronically on the income tax portal using Form 69. On receipt of Form 69, the tax officer will recompute the taxable income of the taxpayer and inform the additional tax to be payable by the taxpayer.

 

6. The taxpayer can then make the payment of tax and inform the tax officer of the payment of tax in Form 70. No penalty would be leviable on such payment.

 

7. The application in form 69 has to be filed on or before the 31st day of March 2023 with PDGIT (Systems) or other prescribed tax authorities.

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