Amendment of the Income-tax Rules under section 88E of the Income-tax Act, 1961
Notification No. 01 was published on 6 January 2005. Its subject is Amendment of the Income-tax Rules under section 88E of the Income-tax Act, 1961.
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.
The Income-tax (First Amendment) Rules, 2005 insert a new rule 20AB after rule 20A of the Income-tax Rules, 1962, prescribing the evidence of payment of securities transaction tax to be furnished along with the return of income under the first proviso to section 88E. Evidence of the tax on the value of transactions entered into in a recognised stock exchange is to be in Form No. 10DB, and evidence of the tax on the value of a sale by the assessee of a unit of an equity oriented fund to the Mutual Fund is to be in Form No. 10DC, each verified in the manner indicated in it. In Appendix II, Forms No. 10DB and 10DC are inserted after Form No. 10DA. Form No. 10DB calls for the name, address, Permanent Account Number and MAPIN of the assessee, the stock exchange, the financial year, the name, address and code of the stock broker, and a table giving, against each client code and transaction code, the value of transactions entered into during the financial year, the total securities transaction tax collected, the value of transactions entered into in the course of business and the tax collected on that value. The verification declares the information correct and the tax truly stated in accordance with the provisions of Chapter VII of the Finance (No. 2) Act, 2004 and the Securities Transaction Tax Rules, 2004, and the form carries a schedule of codes for taxable securities transactions.
| Under the 1961 Act | Now |
|---|---|
| s.88E | no counterpart recorded |
| s.295 | s.533 |
NOTIFICATION NO. 1/2005, DATED 6-1-2005
In exercise of the powers conferred by section 295 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, namely :—
1. (1) These rules may be called the Income-tax (First Amendment) Rules, 2005.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962,—
(A) after rule 20A, the following rule shall be inserted, namely:—
"20AB. Evidence of payment of security transaction tax for claiming deduction under section 88E— The evidence of payment of securities transaction tax which is required to be furnished along with the return of income by the assessee under first proviso to section 88E,—
(i) on value of transaction entered into by him in a recognised stock exchange, shall be in Form No. 10DB and shall be verified in the manner indicated therein;
(ii) on value of transaction of sale, by him, of a unit of an equity oriented fund to the Mutual Fund, shall be in Form No. 10DC and shall be verified in the manner indicated therein."
(B) In Appendix II, after Form No. 10DA, the following Forms shall be inserted, namely:—
"FORM NO. 10DB
(See rule 20AB)
Form for evidence of payment of securities transaction tax on transactions entered in a recognised stock exchange
1. Name of the assessee:
2. Address of the assessee:
3. Permanent Account Number (PAN) of the assessee:
4. MAPIN of the assessee:
5. Name of the Stock Exchange in which transaction entered into:
6. Financial year:
7. Name of the stock broker:
8. Address of the stock broker:
9. Stock broker code:
10. Details of value of securities transactions and securities transaction tax collected from the assessee:Client code number
Code* of transaction
Value of transactions entered into during the financial year
Total securities transaction tax collected from the assessee during the financial year
Value of transactions(included in value given in column 3)entered into in the course of business by the assessee
Securities transaction tax collected on value of transactions given in column 5
1
2
3
4
5
6
01
02
03
04
05
Total
Verification
I,.................(full name in block letters), son/daughter of..............solemnly declare that to the best of my knowledge and belief the information given in this Form is correct and complete and that the total amount of securities transaction tax shown therein is truly stated and is in accordance with the provisions of Chapter VII of the Finance (No. 2) Act, 2004 and Securities Transaction Tax Rules, 2004.Date..............
Place.............
(Name and Signature of the assessee)
*CODES IN RESPECT OF TAXABLE SECURITIES TRANSACTION
S. No.
Nature of Transaction
Code
1.
Purchase of an equity share in a company or a unit of an equity oriented fund, where—
01
(a ) the transaction of such purchase is entered into in a recognised stock exchange; and
(b ) the contract for the purchase of such share or unit is settled by the actual delivery or transfer of such share or unit.
2.
Sale of an equity share in a company or a unit of an equity oriented fund, where—
02
(a ) the transaction of such sale is entered into in a recognised stock exchange; and
(b ) the contract for the sale of such share or unit is settled by the actual delivery or transfer of such share or unit.
3.
Sale of an equity share in a company or a unit of an equity oriented fund, where—
03
(a ) the transaction of such sale is entered into in a recognised stock exchange; and
(b ) the contract for the sale of such share or unit is settled otherwise than by the actual delivery or transfer of such share or unit.
4.
Sale of a derivative being "option in securities", where the transaction of such sale is entered into in a recognised stock exchange.
04
5.
Sale of a derivative being "futures", where the transaction of such sale is entered into in a recognised stock exchange.
05
Instructions : (i)Where an assessee has entered into transactions in a stock exchange under different client code through the same stock broker, details in this Form be filled separately for each such client code.
( ii) Separate Form be furnished in respect of transactions entered into a different stock exchanges and also for the transactions entered in same stock exchange through different stock brokers.
( iii) In column 4 of Table of item 10, fill the details of securities transaction tax collected by the stock broker from the assessee.
( iv) Where the assessee entering into a transaction is a stock broker on which securities transaction tax has to be paid by him, item 1 and item 7 shall be same and such assessee shall, in column 4 of the Table of item 10, fill the details of securities transaction tax collected from him by the stock exchange.
FORM NO. 10DC
(See rule 20AB)
Form for evidence of payment of securities transaction tax on transactions of sale of unit of equity oriented fund to the Mutual Fund
1. Name of the assessee:
2. Address of the assessee:
3. Permanent Account Number (PAN) of the assessee:
4. MAPIN of the assessee:
5. Name of the Mutual Fund having the equity oriented fund of which units sold by the assessee to that Fund:
6. Address of the Mutual Fund referred to in item 5:Details of value of securities transactions and securities transaction tax collected from the person:
Name of equity oriented fund
Unique client code of the fund
Folio number of assessee
Value of transactions entered into during the financial
Total securities transaction tax collected from the assessee during the financial year
Value of transaction (included in value given in column 5) entered into the course of business by the assessee
Securities transactions tax collected on value of transactions given in column 7
1
2
3
4
5
6
7
Total
Verification
I,.................(full name in block letters), son/daughter of..............solemnly declare that to the best of my knowledge and belief the information given in this Form is correct and complete and that the total amount of securities transaction tax shown therein is truly stated and is in accordance with the provisions of Chapter VII of the Finance (No. 2) Act, 2004 and Securities Transaction Tax Rules, 2004.Date..............
Place.............
(Name and Signature of the assessee)
Instructions : (i ) This Form be furnished separately for the transactions with each Mutual Fund.
( ii) Details of securities transaction tax paid on sale of units of various equity oriented fund under a Mutual Fund be given separately."[F.No. 142/23/2004-TPL]
| Rule of the 1962 Rules | Now, in the 2026 Rules |
|---|---|
| Rule 20AB | no counterpart recorded |
Forms it touches. Form No. 10DB, Form No. 10DC
the date of publication in the Official Gazette.
A reader meets this in the return of an assessee claiming rebate under section 88E, where Form No. 10DB or Form No. 10DC is filed with it.
Forms it names. Form No. 10DA, Form No. 10DB, Form No. 10DC
Rules it names. Rule 20A, 20AB of the Income-tax Rules, 1962. The 1962 Rules were replaced by the Income-tax Rules, 2026, which renumbered nearly everything: a rule number quoted here almost never means the same rule today.
Source: the Income Tax Department’s own published text — its page for this instrument.