The Annual Activity Certificate was required to be submitted to Reserve Bank of India with copies to The Director General of Income Tax (International Taxation) and the Category I Authorised Dealer (the bank) by foreign companies operating in India. The Finance Act 2011 added a requirement that more information be submitted in prescribed format, but no such format was made available. Eventually the format was laid out in Form 49C to be electronically filed with digital signature within 60 days from finalisation of accounts, i.e. May 30, 2012 for companies finalising accounts on March 31, 2012. This was later modifed by an order dated June 20, 2012 below and the Form can be submitted in paper format. A link to the official website of the Income Tax department is given below after the text of the order.
Section 119 of the Income-tax Act, 1961 – Income-tax authorities – Instructions to subordinate authorities – Order extending due date for filing Form 49C for F.Y. 2011-12
Order [F. No. 225/124/2012/ITA.II], dated 20-6-2012
Section 285 of Income-tax Act and Rule 114DA of Income-tax Rules read with Circular No. 5 of 2012, dated 6-2-2012, prescribes that a specified categories of assessees having a (Liaison Office in India shall electronically file Form 49C, within 60 days from the end of financial year. The due date for filing Form 49C for the financial year 2011-12 was prescribed as 30th May, 2012.
2. It has been brought to the notice of the Board that the appropriate facility for allowing the electronic filing of this form has not yet been operationalised due to technical difficulties and therefore the concerned assessees have not been able to make compliance within the prescribed date. In consideration of the same, the Board in exercise of powers conferred under section 119 of the Income-tax Act, 1961, has decided to extend the due date of filing Form 49C for the financial year 2011-12, up to 30th September, 2012.
3. The Board has further decided that for the financial year 2011-12, Form 49C can be filed in ‘paper mode’ instead of filing it electronically with digital signatures. Such Form 49C (in Paper mode) should be sent at the following address by ‘Registered Post’ or ‘Speed Post’:
The Director General of Income Tax (International Taxation),
4th Floor, Drum Shaped Building,
I.P. Estate, New Delhi-11002
The above may be immediately brought to the notice of the all concerned.
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