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Case lawNotifications2023 › Notification No. Corrigendum to Notification No.3 of 2021
Notification 15 November 2023

Notification No. Corrigendum to Notification No.3 of 2021

Format, Procedure and Guidelines for submission of Statement of Financial Transactions (SFT) for Depository Transactions

What this is

Notification No. Corrigendum to Notification No.3 of 2021 was published on 15 November 2023. Its subject is Format, Procedure and Guidelines for submission of Statement of Financial Transactions (SFT) for Depository Transactions.

The instrument itself

The text, as the department published it

Read from the department’s own PDF, linked below, and reproduced without editing. Line breaks and spacing are ours; the words are not. For anything you rely on, read the file itself.

Corrigendum to Notification No.3. of 2021 Government of India Ministry of Finance Central Board of Direct Taxes Directorate of Income Tax (Systems) Corrigendum to Notification No .

3. of 2021 New Delhi, 15/11/2023 Format, Procedure and Guidelines for submission of Statement of Financial Transactions (SFTl for Depository Transactions . The format, procedure, and guidelines for submission of information relating to capital gains on transfer of listed securities or units of mutual funds by Depository Institutions was notified vide notification no. 3 of 2021 dated 30th April 2021 as per the mandate of Section 28SBA of the Income Tax Act, 1961 and Rule 114E sub-rule SA. The notification lists various files, file formats, data types for different data fields that need to be reported, and various DQ rules that should be validated by Depository Institutions before submission of the data.

2. Subsequently, discussions were held with representatives of Depository Institutions. Accordingly, following changes are made to the said notification.

3. The S.No. 6 of the existing notification mentions the following "The statement offinancial transactions relating to Financial Year 2020 - 21 shall be furnished on or before the 31st May 2021. Thereafter, the statement of financial transactions relating to the quarter ending 30th June, 31st September, 31st December and 31st March shall be furnished on or before 25th of July, October, January and April respectively. » This should be read as following: "With effect from 1 s t April 2023 the statement of financial transactions data will be submitted on half yearly basis instead of existing quarterly basis i.e. data relating to 1st half of the Financial Year ending 30th September and remaining half of the FinanCial Year ending on 31st March shall be furnish ed on or before 31 s t of October and 30th of April r espective ly. " 4. In annexure A (Guidelines for Preparation of Statement of Financial Transactions (SFT)) of the existing notification, S.No.3 mentions the following: "The Estimated Sale Consideration for the debit transaction should be detennined on the best possible available price of the asset with the

Corrigendum to Notification No.3. of 2021 depository (e.g. end of day price). The taxpayer will be able to modify the sales consideration before filing the retum. " This should be read as following: "The Estimated Sale Consideration for the de bit transaction should be determin ed on Weighted Average Price i.e., taking into actual value of the transactions executed . The taxpayer will be able to modify the sales consideration before filing the return." S. In annexure A (Guide lines for Preparation of Statement of Financial Transactions (SFT)) of the existing notification , S.No.S mentions the following: Security Class Security Class Description Minimum Period of Code Holding LES Listed Equity Share 12 months LPS Listed Preference Share 12 months lOB Listed Debenture 12 months ZCB Zero Coupon Bond 12 months CIB Listed Capital Indexed Bond 12 months EMF Unit of Equity Oriented 12 months Mutual Fund UTI Unit of UTI 12 months UBT Unit of Business Trust 36 months OTU Other Units 36 months OTH Other Listed Securities (Other 12 months than a unit) This should be read as following: Security Security Class Minimum Remarks Class Code Description Period of Holding LES Listed Equity Share 12 months - LPS Listed Preference Share 12 months - LDB Listed Debenture 12 months - ZCB Zero Coupon Bond 12 months - ClB Listed Capital Indexed 12 months - Bond EMF Unit of Equity Oriented 12 months - Mutual Fund UTI Unit of UTI 12 months Where more than 35% of its total proceeds are invested in the equity shares of domestic companies, this

; Corrigendum to Notification No.3. of 2021 Security Security Class Minimum Remarks Class Code Description Period of Holding information should be provided. Note: Where not more than 35% of its total proceeds are invested in the equity shares of domestic companies, (Specified Mutual Fund), it will always be classified as short- term capital as s et (Applicable from 1st April 2023) UBT Unit of Business Trust 36 months Where more than 35 % of it s total proceed s are invested in the equity shares of domestic companies, this information should be provided. Note: Where not more than 35% of its total proceeds are invested in the equity shares of domestic companies, (Specified Mutual Fund), it will always be classified as short-term capital asset (Applicable from 1st April 2023) OTU Other Units 36 months Where more than 35% of its total proceed s are invested in the equity shares of domestic companies, thi s information should be provided. Note: Where not more than 35% of its total proceed s are invested in the equity shares of domestic companies, (Specified Mutual Fund), it will always be classified as short-term capital asset (Applicable from 1st April 2023) OTH Other Listed Securities 12 months - (Other than a unit) MLD Market Linked -- Short- Term Capital Assets Debenture (w.e.f. 1st April 2024)

Corrigendum to Notification No.3. of 2021 6 . In annexure A (Guidelines for Preparation of Statement of Finan c ial Transactions (SFT)) of the existing notification, S .No.6 m e ntions th e follo wing : "For every debit transaction, th e corre sponding credit trans action should be identified using First in First Out (FIFO) method. The estimated cost of acquisition for the credit should be determined on th e be st possibl e available price with the depository . The cost of acquisition can be estimated as per the closing rate on the date (T-2) of transaction for market purchase. The estimated cost of acquisition is to be tak en as NIL for OFF Market purchas e, [PO or Corporate Action or for any trans action through other than Exchange. The taxpayer will be able to modify the cost of acquisition before filing th e return. » This shou ld be read as following: "For every debit transaction, the corr es ponding credit transaction s hould be identified using First in First Out (FIFO) method. The estimat ed cost of acquisition for the credit should be determined on weighted average price of the asset i.e taking into actual value of the transactions, if purchase was made after l· t February 2018 or End of the day price, if purchase was made before 1st February 2018 , available with the depository. The estimated cost of acquisition is to be taken as NIL for OFF Market purchase , Corporate Action or for any transaction through other than Exchang e. IPO credit will be treated as Market credit and cost of the acquisition of the same will be arrived using the formula i.e. Number of shares allotted x Per unit price at which share is allotted. The taxpayer will be able to modify the cost of acquisition before filing the return." 7 . In an n exure D (D.3- Depository Transa c tion Summary (DEP 3RN _ Summ.TXT)) of the existing notification, the data fi e ld s 16 ,17 & 18 is m e ntion ed as following # Field Mandatory Format Rem a rks 16. Unit Sale Y DECIMAL Estim a ted Sa le pri ce pnce (18,2) per unit.

17. Sale Y Decimal Estim a ted Sal e Consideration ( 18,2) Consid era tion . Refer Guid eline s COA y DECIMAL Estim a ted Cost of 18. (18,2) acquisi tion without inde x ation . Ref er Guid e lin es

Corrigendum to Notification No.3. of 2021 These should be read as following: # Field Mandatory Format Remarks 16. Unit price Y DECIMAL Weighted Average ( 18,2) sale price per unit (taking into account the actual value of the transactions) 17. Sale Y Decimal( 18,2) Estimated Sale Consideration Consideration at Weighted Average price (taking into account the actual value of the transactions) 18. COA Y Decimal( 18,2) Estimated Cost of acquisition without indexation Refer Guidelines.

8. In annexure D (D .3- Depository Transa ction Summary (DEP _TRN_Summ.TXT)) of the existing notification, a new data field 24 is added for flag indication if the purchase of the security was before 1st February 2018 or after # Field Mandatory *Flag Format Remarks 24. Purchase Y B/A VARCHAR(l) Flag B: Purchase was Flag made before 1st February 2018 Flag A: Purchase was made on or after 1st February 2018 ~L_ (AMITAV) . DGIT(Systems), De lhi Copy to:

1. PPS to the Chairman and Members, CBDT, North Blo ck, New Delhi. 2 . All Pr. Chief Commissioner / Pr. Dir ecto r Generals of Incom e Tax and all Chief Commissioners/ Director Generals of Income Tax-with a request to circulate amongst all officers in their regions/ charges.

3. JS (TPL)-I &2/ Media coordination and Official spokesperson of CBDT

Corrigendum to Notification No.3. of 2021 4. DIT(IT) j DIT (Audit) j DIT (Vig.)jADO (System) 1,2,3,4,5,6,7 / CIT (CPC) Bangalore j CIT (CPC-TDS) Ohaziabadj CIT (ITBA)j CIT(OSD)(PMU).

5. ADO (PR,PP&OL) with a requ est for advertisement campaign for the Notifi cation . 6 . TPL and ITA Divisions of CBDT.

7. The Institute of Chartered Accountants of India, IP Estate, New Delhi.

8. Web Manager, "incometaxindia.gov.in" for hosting on the website.

9. Databas e cell for uplo ad ing on www.irsofficersonline.gov.in and in DOIT(S) Corner.

10. ITBA publisher for uploading on ITBA portal. J.-A-~;-I _ .. DGIT(Systems), Delhi

Source: the department’s file.

← Notification No. 99/2023 [F. No. 225/94/2023-ITA.II] / SO 4996(E)  ·  Notification No. Corrigendum to Notification No. 4 of 2021 →

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.