What is
Annual Information Return?
As per Section 285BA of the Income Tax Act, 1961, read with Rule 114E of the Income Tax Rules, 1962, specified entities (Filers) are required to furnish an Annual Information Return (AIR) in respect of specified financial transactions registered/recorded by them during the financial year (beginning on or after April 1, 2004) to the income tax authority or such other prescribed authority.
Who is required to furnish AIR?
As per this rule, specified persons (Filers) should prepare their
AIR in Form 61A
(Part B) on computer readable media (i.e. CD or Floppy), supported
by a duly signed verification and control chart in Form 61A (Part A) in paper
format.
AIR should be furnished to the Commissioner of Income-tax
(Central Information Branch) i.e. CIT (CIB). CBDT has authorized NSDL to
receive AIR through the TIN Facilitation Centers on behalf of CIT (CIB). Filers
may also file AIR online
through internet.
The specified persons in respect of specified transactions registered or
recorded by them during a financial year to furnish AIR as mentioned below:
S.
No.
|
Class
of Person required to furnish AIR
|
Nature
of Transaction
|
Value
of Transaction during financial year
|
1
|
Banking Company
|
Cash deposits aggregating in a
year in any savings account of a person maintained in that bank
|
Rs
10 Lacs or more
|
2
|
Banking Company or any company or
institution issuing credit card
|
Payments made by any person
against bills raised in respect of a credit card issued to that person,
aggregating in the year
|
Rs
2 Lacs or more
|
3
|
Trustee or authorized manger
of Mutual Fund
|
Receipt from any person for
acquiring units of that Fund
|
Rs
2 Lacs or more
|
4
|
Company or institution
issuing bonds or debentures
|
Receipt from any person for
acquiring bonds/debentures
|
Rs
5 Lacs or more
|
5
|
Company issuing shares
through a public or rights issue
|
Receipt from any person for
acquiring shares
|
Rs
1 Lac or more
|
6
|
Registrar or Sub-Registrar
|
Purchase/ sale of immovable
property by any person
|
Rs
30 Lacs or more
|
7
|
Authorized officer of the
Reserve Bank of India
|
Receipt from any person for bonds
issued by the RBI
|
Rs
5 lacs or more
|
The due date for filing AIR is 31st August immediately following the Financial Year in which the transaction is registered or recorded. For example, in respect of AIR required to be filed for transactions registered or recorded in F Y 2013-14, the due date was 31st August, 2014.
What are the consequences of not filing AIR?
Under section 271FA of the Income Tax Act, 1961, a penalty of Rs. 100/- per day of default may be levied on a person who is required to file Annual Information Return (AIR).
CBDT has appointed the Director General of Income Tax (Systems) as ‘Annual Information Return – Administrator’ for the purpose of administration of Annual Information Return Scheme.
Should an entity who is required to file AIR, file a single AIR for the whole organization or can it file separate AIR for each of its branch/regional office?
An entity who is required to file AIR has to file one single AIR for the whole organization.
CBDT (Central Board of Direct Taxes) has authorized National Securities Depository Limited (NSDL) to receive AIR.
What is the manner in which AIR is to be furnished?
AIR should be furnished in electronic form by all categories of entities required to furnish AIR. Furnishing of AIR in physical form is not permitted.
What is the Folio Number to be quoted in AIR?
The Folio Number to be quoted is the TAN (Tax Deduction Account No.) of the organization. In case the filer is a non-government entity, the folio number will be the TAN of the principal office of the entity.
Can we quote PAN in place of TAN?
No, PAN should never be quoted in the field where TAN is required to be quoted. PAN may be quoted in the field where it is required to be quoted.
What is Supplementary Information?
Only one AIR is allowed to be filed by a Filer for a given financial year. However, in case the Filer wants to rectify genuine/ bona-fide mistakes or if it wants to furnish additional transactions to be included in AIR, it may do so through 'Supplementary Information'.
What are three situations when a Filer may be required to file Supplementary Information?
The three situations when a Filer
may be required to file Supplementary Information are:
- In response to a notice issued by CIT (CIB) within the
time allowed by CIT (CIB)
- Suo moto - to furnish additional details not submitted
in original AIR
- In response to deficiency indicated by TIN-FC in
provisional receipt within 30 days of date of provisional receipt
- Supplementary Information should be furnished as per
the data structure
specified by ITD.
- Supplementary Information should be incremental, i.e.
contain information only on transactions reported earlier which are to be
revised or if it wants to furnish additional information which is not
provided in the previous return.
- Supplementary Information should be filed at the same
TIN-FC where the original AIR was filed.
- In case the original AIR was filed online,
Supplementary Information also should be filed online.
- Supplementary Information should be filed in the same
form and manner as an AIR with appropriate remark on the form.
|
* The Filer should also pay service
tax as applicable.
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