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Tax Clearance for Government
Contracts
Need
for Tax Clearance for Government Contracts 1. It has been the
established policy of the Government of India that patronage in the form
of grant of license, government contracts, permits etc. should be
extended only to honest tax payers. All the Ministries, their attached
and subordinate offices, public sector undertakings, ordnance factories,
Directorate General of Supplies and Disposals and Central Public Works
Department strictly ensure that those who fail to discharge their tax
obligations do not get any patronage from them.
Nature of certificate
2. The concerned Department/Agencies, before
granting the contract insist on the production of Income-tax clearance
certificate from the Assessing Officer to the effect that the concerned
person has paid his taxes unless stayed by the competent authority; he
has cooperated with the department in the completion of assessments by
filing return of income and complying with the notices and in the past
three years he has not been penalised or prosecuted for tax defaults.
Procedure
for obtaining Tax clearance certificate
3. Application for the tax clearance should be
made to the Assessing Officer having jurisdiction over his case.
Application should be in the Form given at page 60 of this booklet. This
Form brings out the state of tax compliance by the concerned person. The
application Form is to be signed by the assessee.
4. On receipt of the Form, the Assessing Officer
verifies from his records the facts stated therein. He looks
into the position regarding payment of taxes, assessee's co-operation in
completing assessments and whether he was penalised or prosecuted.
Thereafter, the certificate of tax clearance is recorded by the
Assessing Officer on the Application Form.
Certificate
is valid for one year
5. The certificate is valid for one year.
Application for fresh certificate can be made one month prior to the
date on which the validity of the previous certificate is due to expire.
Exemption Certificate
6. Those firms of repute who have plain tax
records are by Government Notification exempted from the production of
Income-tax clearance certificate. Such exemption certificate is issued
on the recommendation of the Commissioner. The Commissioner may
recommend the cases for inclusion in the exempt category if the
following
conditions are satisfied:-
- No penalty u/s. 221/271/273 was levied on the assessee during the
last financial year.
-
The assessee was not prosecuted under the
Income-tax Act at any time.
- The assessee has furnished complete information about all
companies in which he is substantially interested and the firms and
association of persons in which he is partner or member
respectively,
- The returns income due from the assessee have been filed.
- The assessee has paid all tax demands due other than those which
have been stayed by competent authority.
- The assessee has been cooperating with the Department in
facilitating the completion of the pending assessments.
- There is no information before the ITO that the companies in
which the assessee Is substantially interested and firm and
association of persons in which he is a partner or member
respectively, are deliberately not filing the returns or not paying
the tax demands or not cooperating with the Department in
facilitating the completion of the pending assessments.
- There is no information before the ITO that persons having a
substantial interest in the applicant company/being members of the
applicant association/being partners of the applicant firm are
deliberately not filing their returns of income or not paying their
demands or not cooperating in facilitating the completion of the
pending assessments.
The exemption certificate is valid for one year.
Income
Tax Clearance Certificate
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Name and style of the Company, Firm, H.U.F. or
individual, in which the applicant is assessed or assessable to
income-tax and address for the purpose of assessment.
-
Names and addresses of all companies, firms or
association of persons in which the applicant is substantially
interested in his individual or judiciary capacity.
Note : For the purposes of clause (2) above the words
substantially interested would have the same meaning as in
explanation to section 40A(2).
-
-
The Income-tax Circle/Ward/District in
which the applicant is assessed to tax and the permanent A/c.
No.
-
In the case of partnership firm :
| Name
of the partner and the address |
Permanent
A/c No. |
Income-tax
Circle/Ward where assessed |
| 1 |
2 |
3 |
- The following particulars are to be furnished concerning the
Income-tax assessment for the 5 years
| Year |
Total
income assessed |
Tax
demanded |
Tax
paid |
Balance
due |
| 1 |
2 |
3 |
4 |
5 |
-
-
Whether any penalty for concealment has
been imposed under the provisions of the Income-tax Act, 1961 or
Wealth-tax Act, 1957 on or after 1st April, 1975.
- If the answer is in affirmative give the date, amount of
penalty imposed and section under which imposed.
-
Whether any appeal has been filed
against the penalty order before the Appellate Assistant
Commissioner of Income-tax or before the Income-tax
Appellate Tribunal. If so, the result thereof alongwith the
date of appellate order.
-
Whether convicted for an affiance within
the meaning of sec. 277 of the Income-tax Act, 1961 or u/s.
36(2) of the Wealth- tax Act, 1957 or u/s. 199/200 of the Indian
Penal Code. If so, the date of the conviction order.
-
Details of total contract amount received
by the applicant whose name is mentioned against (1) above
during the preceding five years.
| Date of previous year ending |
Assessment Year |
Total Amount |
Contract received |
The name of the Authority or person from
whom amounts are received |
| 1 |
2 |
3 |
4 |
5 |
-
In case there has been no IT. Assessment in
any year, whether returns have been submitted u/s. 139(1), 139(2)
and 133 of the IT. Act, 1961 or tax has been paid in advance under
section 210(3) of the IT. Act, 1961 and if so, the amount of income
returned for each year and tax for each of the four years mentioned
above and the IT. Circle/Ward/District concerned where such returns
have been filed giving reasons for the same.
| Assessment
Year |
Income
returned |
Tax
paid on Self Asst.
u/s 140A |
Tax
paid in Advance
u/s, 210 |
Date
of payment |
| 1 |
2 |
3 |
4 |
5 |
-
Whether any attachment recovery proceedings
are pending in respect of the arrears.
-
The name and address of branch(es), if any.
I declare that the above information is correct and
complete to the best of the information and belief.
Address :
Signature of the Contractor
Registration No.
Note :
1. Tax in column 3 & 4, pair 4
include all items viz. IT., ST. Surcharge too.
2. If any tax remains unpaid reasons
should be explained in an attached statement.
(TO BE FILLED IN BY INCOME TAX OFFICE)
I hereby certify that :-
-
The information contained in this application
has been verified from the assessment records and found correct.
-
The assessee has paid all tax demands due
other than those which have been stayed by the competent authority.
-
The assessee has been cooperating with the
Department in facilitating the completion of the pending
assessments.
-
The period of three years has expired from
the date of the Appellate order of the Income tax Appellate
Tribunal confirming or partially confirming the penalty;
Or
In case where no appeal has been filed by
the assessee against the penalty imposed; period of three years
has expired from the date of the imposition of the penalty.
-
The period of three years has expired from
the date of the order of conviction under section 277 of the
Income-tax Act, or under section 56(1) of the Wealth Tax Act,
1957 or under section 199/ 200 of the India Penal code.
This certificate is valid for a year from the date
of its issue.
Note :- Delete whichever is inapplicable in
the above certificate. Date: Signature
of the Assessing Officer
Seal
Circle/Ward/District
Addendum
Circular No. 546 Dated 4.10.1989
Tax clearance certificate in the case of a foreign employee not
domiciled in India-Simplification of procedure regarding
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Under the provisions of section 230 of the
Income-tax Act, 1961 it has been prescribed interlace, that a person
who is not domiciled in India can not leave the territory of India
by land, sea or air unless he obtains a certificate from the "Competent
Authority" that he has no liability under various Acts
mentioned therein, or that satisfactory arrangements have
been made for the payment of all or any of such taxes which are or
may become payable by that person.
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One of the methods of ensuring that
satisfactory arrangements have been made for the payment of such
taxes is by way of obtaining guarantee from the employer of the
person leaving the country that any tax found due will be paid by
the employer (guarantor). Under the existing procedure the guarantee
tendered by the guarantor
ceases to be operative three months after the return, if the
employee remains in India during the said period of three months and
the guarantor gives prompt notice to the Assessing Officer concerned
of the employee's return to India.
-
A number of representations have been
received by the Board that the procedure of obtaining the tax
clearance certificate in the cases of foreign employees not
domiciled in India, each and every time such employee wants to go
abroad, is cumbersome and time consuming. In order to alleviate this
difficulty, it has been decided to provide the facility of one-time
clearance certificate to the foreign employee not domiciled in India
who has a fixed tenure of service in India of apt five years to
travel abroad any number of times during the period of the contract
of his service.
- This one-time clearance certificate will be given in the
case of those foreign employees whose employer gives a guarantee in
the prescribed form that if any tax is found due against the
employee during the entire period of the contract of service plus
two year, the same shall be paid by the employer. The guarantee may
also cover the tax liabilities of the spouse and dependents of the
foreign employee; in such a case the spouse and dependents of the
employee would also be entitled to the benefit of one-time clearance
certificate. The revised form of guarantee which is to be used for
the above purpose is enclosed. The above procedure will apply only
in such cases where the employer of the foreign employee is an
Indian concern, or a foreign concern which is assessed to tax in
India and has a fixed place of business in India. Where the foreign
employee is not interested in obtaining such a guarantee from the
employer or the employer is not willing to furnish such a guarantee,
the hitherto existing procedure will continue to be followed.
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In cases where the guarantee in the revised
form is famished, the tax clearance certificate to be issued by the
Assessing Officer, Foreign Section will be made valid for journeys
to be performed by the foreign employee apt the last date of the
contract of service as mentioned in the guarantee form. The
concerned Chief Commissioner/Director General of Income-tax will
have the right to withdraw the facility in suitable cases in the
interest of revenue.
[F.No. 485/6/88-FTD]
NRI investment in housing and real estate:
Permission under section 269UC of IT. Act, 1961 for purchase of house
by NRIs will be given by Department within 15 to 30 days.
The Government has formulated a scheme to attract
NRI (Nonresident Indians) investment in housing and the related
sector keeping in view the requirements of NRIs and concerned
institutions. The scheme will cover investment by NRIs in housing and
real estate ventures, housing finance institutions, building material
units, etc., in terms of existing guidelines.
The Government will also make it easier and
attractive for intending NRI purchaser of houses in various countries
to acquire, rent, gift and reside in housing colonies in different
cities so long as they make payments in foreign exchange and
repatriate original investments. Repatriation of profits and dividends
after taxation in respect of manufactures and building materials,
participatory ventures in real estate, and investment in housing
finance institutions will continue.
For co-ordinating decisions on policies and
procedures relating to NRI investment, a nodal cell will be set up in
NHB (National Housing Bank) with representation of all concerned
agencies and nominees of the State Governments. This will be
supervised by the Ministry of Urban Development.
A joint sector Rating Agency will be set up to grant
approved status/accredation to public and private builders conforming
to established criteria. On the strength of the approved status of
builders, necessary clearance in respect of the builder's project will
be given for the construction and provision of services at the local
level by State and city agencies.
Upto 5 per cent of sale proceeds in each scheme
subject to a ceiling of Rs.25 lakhs, exclusive of the foreign exchange
for travel and advertisement, will be released in foreign exchange to
the builders towards expenses for marketing the houses including
payment of commission and promotion of schemes on an international
basis.
The NRIs with foreign passports will be permitted to
acquire, in foreign exchange, immovable properties and only notify
RBI. They will also be permitted to acquire, hold, transfer or dispose
of properties by way of sale or inheritance, provided purchases for
bonafide residential purpose and the sale consideration is met out of
foreign exchange. They will also be permitted to let out the
properties on rent.
Gifting of properties by NRIs to relatives will be
freely permitted subject to taxation without the requirements of prior
permission. NRIs will be permitted to acquire upto two houses provided
the purchase is effected with foreign exchange. The required
permission for purchase of the house under section 269UC of the
Income-tax Act, 1961, will be given by Income Tax Department within 15
days to 30 days.
In line with the general policy for
encouraging NR1 investment in various sectors, the Government has been
concerned about promoting substantial inflow of NRI investment in
foreign exchange for the construction and purchase of residential
houses and real estate in different cities. While scattered
investments are now taking place, there has been no co-ordinated large
scale effect for attracting such investments for housing and real
estate. NRIs have been facing a number of problems in investment in
the acquisition of houses. Its sale and renting on account of present
procedures of a number of Central and State Departments and
regulations of RBI, CEDT, etc.
In the light of the liberalised provisions of the
new Industrial Policy, it is expected that NRIs will collaborate with
the Indian counterparts in the area of house construction or real
estate or manufacture of building materials subject to stipulations on
investment and imports announced by the Government from time to time.
Upto Rs. 1,500 crores in foreign exchange is
expected to be mobilised in two years through projects to be taken up
in various cities,
[Source: PIB Press Release dated 18th
January, 1993 (1993) 199 ITR (St.) 82-84]
Form of
Guarantee
(On a non-judicial Stamp Paper of the appropriate amount)
To
The President of India
through
The Commissioner of Income-tax, (Designation)
and
The Income-tax Officer/Assistant
Commissioner of Income-tax/
Deputy Commissioner of Income-tax.
(Designation)
Sir,
-
In consideration of a certificate being issued
by the Income-tax Officer/Assistant Commissioner of
Income-tax/Deputy Commissioner of Income-tax
(Ward/District/Circle/Range) under the provisions of Section 230 of
the Income-tax Act, 1961 in the favour of (NAME OF FOREIGN EMPLOYEE,
SPOUSE AND DEPENDENTS) hereinafter referred to as the assessee(s),
notwithstanding that the assessee(s) has/have not made satisfactory
arrangements for the payment of all or any of the tax/taxes (which
terms wherever they occur in these presents include penalty and
interest) which are at present due by [NAME OF ASSESSEE(S)] and
payable by him/her/them during the entire period of contract of
service of (name of foreign employee) with the undersigned, ending
on_____________ and during a further period of two years ending
on__________ ; We, the undersigned (NAME OF UNDERSIGNED) do hereby
unconditionally and irrevocably guarantee due payment on demand and
without demur to the Central Government of all the taxes which are
or may become due and payable by the assessee(s) under the Indian
Income-tax Act, 1922, the Income-tax Act, 1961, the Excess Profits
Tax Act, 1940, the Business Profits Tax Act, 1947, the Wealth-tax
Act, 7957, The Expenditure Tax Act, 1957 and the Gift Tax Act, 1958
or any one or more of the said acts or other Tax or Taxes imposed
under the Authority of the Government of India.
- My/Our liability under this guarantee shall be co-extensive with
that of the assessee(s).
- I/We further agree that any amount certified by the Income-tax
Officer/Assistant Commissioner of Income-tax/Deputy Commissioner of
Income-tax having jurisdiction in the case of the assesseefs) as due
and payable by the assessee(s) under all or any of the aforesaid
enactments or other enactments) shall be accepted by me/us as
conclusive evidence of the said amount being due and payable as
aforesaid, and no such amount shall, in any case and under any
circumstances be disputed.
- This guarantee shall apply to and secure the ultimate amount of
tax which may be due or become due from the assessee(s) to the
Central Government under all or any of the aforesaid enactments and
it shall not be determined by me/us except on the terms of
my/our making full provision for the payment of all such taxes to
the satisfaction of the Income-tax Officer/Assistant Commissioner of
Income-tax/Deputy Commissioner of Income-tax having jurisdiction in
the matter.
-
Further, I/We expressly agree that my/our
liability to pay such taxes to the Central Government under the
terms of this guarantee shall not in any way be affected or
discharged by reason of any time and/or other indulgence (including
the payment of tax by instalments being granted to the assessee(s)
or by reason of any other arrangement or arrangements for the
payment of taxes under all or any of the aforesaid enactments being
entered into with the assessee(s) or his/ her heirs or
representatives in exercise of all or any of the powers vested in
the taxing authority under the said enactments and in particular,
that I/We, the guarantor(s) shall not be released from any of our
liabilities under this guarantee by reason of exercise of the above
mentioned powers by the taxing authority or by any deviations of
these presents, or by releasing to the assessee(s) any or all of
his/ her/their properties or assets; and it is also agreed that
vis-a-vis the Central Government, I/we, the guarantor(s) hereby
waive any of my/ our rights as surety or otherwise which may at any
time be inconsistent with any of the provisions of this guarantee.
-
Further, I/we hereby agree and declare that
this guarantee shall not be determined or otherwise affected by any
death, /** dissolution or liquidation, but shall remain in full
force and virtue against me/us and my/our estate/assets until such
amount of tax as is or may become due and payable hereunder is paid
in full.
- It is further declared and agreed that without prejudice to any
other remedies open to the Central Government for recovering any tax
which is or may become due and payable under this guarantee, the
Central Government will be entitled to recover the said tax from
me/us as the guarantor(s) on demand, in accordance with the rules
contained in the Second Schedule to the Income-tax Act, 1961 or any
modification thereof from time to time, and it shall not be
necessary for the Central Government to initiate and/or exhaust any
legal proceedings against the assessee(s) for the recovery of any
tax as is aforementioned before suing me/us for the recovery of the
same.
- It is further agreed that this guarantee will cease to be
operative on__________ (indicate the date as at *above) if, and
only if I/we give notice before the date of expert NF the contract
of service to the Income-tax Officer/Assistant Commissioner of
Income-tax/Deputy Commissioner of Income-tax having jurisdiction in
the case, regarding the revoking the terms .Hereof permitted by the
Central Government.
(**Please strike out whichever is not applicable).
Yours faithfully,
Place :
Date :
Signed in the presence of:
And certified as correct.
Accepted for and on behalf of the President of
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