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Case lawNotifications2004 › Notification No. 280
Notification 16 November 2004

Notification No. 280

Income Tax Notification No: 280 (16-Nov-04) Income-tax (Fourteenth Amendment) Rules, 2004

What this is

Notification No. 280 was published on 16 November 2004. Its subject is Income Tax Notification No: 280 (16-Nov-04) Income-tax (Fourteenth Amendment) Rules, 2004.

This amends the Income-tax Rules. What it changes is the Rules, not the Act — and a rule can never take away what the section gives.

What it does

Under section 295 read with section 44AB of the Income-tax Act, 1961, the Central Board of Direct Taxes makes the Income-tax (Fourteenth Amendment) Rules, 2004, amending three audit forms in Appendix-II to the Income-tax Rules, 1962. In Form No. 3CA, in item 3, the words "and the Annexure thereto" are inserted after "Form No. 3CD". In Form No. 3CB, item 4 is substituted by two items, so that the auditor states that the statement of particulars under section 44AB is annexed in Form No. 3CD and opines that the particulars in Form No. 3CD and the Annexure thereto are true and correct. In Form No. 3CD, the Note at the end is substituted by a Note requiring the Annexure to be filled up, failing which the Form is to be considered incomplete, and requiring the Form and the Annexure to be signed by the person competent to sign Form No. 3CA or Form No. 3CB. A new Annexure is prescribed, in Part A calling for the assessee's name, address, Permanent Account Number, status, previous year ended and assessment year, and in Part B the nature of business with a code and sixteen parameters for the current and preceding year, including paid up share capital, share application money, reserves and surplus, secured and unsecured loans, current liabilities and provisions, the total of the balance sheet, gross turnover, gross profit, commission received and paid, interest received and paid, depreciation as per books, net profit or loss before tax and taxes on income paid or provided for.

Who it reaches

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.
Under the 1961 ActNow
s.44ABs.2, s.58, s.63
s.295s.533

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

Notification No : 280

Section(s) Referred : Section 295

Date of Issue : 16/11/2004

Notification No. 280 of 2004, dt. 16th Nov., 2004

Income Tax Notification No: 280 (16-Nov-04) Income-tax (Fourteenth Amendment) Rules, 2004

In exercise of the powers conferred by section 295, read with section 44AB, of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. (1) These rules may be called the Income-tax (Fourteenth Amendment) Rules, 2004.

(2) They shall come into force from the 1st day of December, 2004.

2. In Appendix-II to the Income-tax Rules, 1962,-

(A) in Form No.3CA, in item No.3, after the words, figure and letters "Form No.3CD", the words "and the Annexure thereto" shall be inserted;

(B) in Form No.3CB, for item No.4, the following items shall be substituted, namely:-

"4. The statement of particulars required to be furnished under section 44AB is annexed herewith in Form No.3CD.

5. In *my/our opinion and to the best of *my/our information and according to explanations given to *me/us, the particulars given in the said Form No.3CD and the Annexure thereto are true and correct.";

(C) in Form No.3CD, for the Note occurring at the end, the following shall be substituted, namely:-

Note :

1. The Annexure to this Form must be filled up failing which the Form will be considered as incomplete.

2. This Form and the Annexure have to be signed by the person competent to sign Form No.3CA or Form No.3CB, as the case may be.

Annexure

Part A

1. Name of the assessee:.................................. 2. Address:.................................. 3. Permanent Account Number:.................................. 4. Status:.................................. 5. Previous year ended: 31st March......................... 6. Assessment year:..................................

Part B

Nature of Business ....................

Code* ..................

Sl. No. Parameters Current Year Preceding Year

1. Paid up Share Capital

2. Share Application Money

3. Reserves and Surplus

4. Secured Loans

5. Unsecured Loans

6. Current liabilities and Provisions

7. Total of Balance Sheet

8. Gross Turn Over

9. Gross Profit

10. Commission received

11. Commission Paid

12. Interest received

13. Interest paid

14. Depreciation as per books of Account

15. Net Profit(or loss) before tax

16. Taxes on income paid/provided for in the books

Signed ................

Place : ...................... Date : .......................

Note :

*Please enter the relevant code pertaining to the main area of your business activity.

The codes are as Follows :

Sector Sub - Sector Code

Agro-based Industries 0101

Automobile and Auto parts 0102

Cement 0103

Diamond Cutting 0104

Drugs and Pharmaceuticals 0105

Electronics including Computer Hardware 0106

Engineering goods 0107

Fertilizers, Chemicals, Paints 0108

Flour & Rice Mills 0109

Food Processing units 0110

Marble & Granite 0111

Paper 0112

Petroleum and Petrochemicals 0113

Power and energy 0114

Printing & publishing 0115

Rubber 0116

Steel 0117

Sugar 0118

Tea,Coffee 0119

Textilex, Handlooms,Power Looms 0120

Tobacco 0121

Tyre 0122

Vanaspati & Edible Oils 0123

Others 0124

(2) Trading Chain Stores 0201

Retailers 0202

Wholesalers 0203

Others 0204

(3)Commission Agents General Commission Agents 0301

(4)Builders Builders 0401

Estate Agents 0402

Property Developers 0403

Others 0404

(5)Contractors Civil Contractors 0501

Excise Contractors 0502

Forest Contractors 0503

Mining Contractors 0504

Others 0505

(6)Professionals Chartered Accountants,Auditors etc. 0601

Fashion Designers 0602

Legal Professionals 0603

Medical Professionals 0604

Nursing Homes 0605

Speciality Hospitals 0606

Others 0607

(7) Service Sector Advertisement Agencies 0701

Beauty Parlours 0702

Consultancy Services 0703

Courier Agencies 0704

Computer Training/Educational and Coaching institutes 0705

Forex Dealers 0706

Hospitality Services 0707

Hotels 0708

I.T. enabled services, BPO service provides 0709

Security Agencies 0710

Software Development Agencies 0711

Transporters 0712

Travel Agents, Tour Operators 0713

Others 0714

(8) Financial Service Sector Banking Companies 0801

Chit Funds 0802

Financial Institutions 0803

Financial Service Providers 0804

Leasing Companies 0805

Money Lenders 0806

Non Banking Finance Companies 0807

Share Brokers, sub-brokers, etc. 0808

Others 0809

(9) Entertainment Industry Cable T.V productions 0901

Film Distribution 0902

Film Laboratories 0903

Motion Picture Producers 0904

Television Channels 0905

Others 0906

What it changes

The rule numbers are the 1962 Rules’ own, as the notification names them. The right-hand column is the department’s own mapping into the Income-tax Rules, 2026, which renumbered nearly everything.

Forms it touches. Form No. 3CA, Form No. 3CB, Form No. 3CD

From when

1 December 2004.

What to watch

Where you meet it

In the tax audit report filed with the return of income, and in an assessment where the comparative figures in the Annexure to Form No. 3CD are used.

What it names

Forms it names. Form No. 3CA, Form No. 3CB, Form No. 3CD

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

← Notification No. 281  ·  Notification No. 279 →

What a notification is. A notification is made under a power the Act itself gives, and within that power it is law — unlike a circular, which only binds the department. Its reach is the reach of the enabling provision and no wider, and the date it carries decides from when it works.

Source: the Income Tax Department’s own published text — its page for this instrument.