The Income Tax Department have formulated an effective Information Processing System to determine the tax liability. The Forms (15CA & 15CB) are introduced to track foreign remittance made to the non-resident. However a duty is casted on the remitter to produce both the Forms 15CA and 15CB to the banks or Dealer, before remitting to the non-resident.

Firstly, we need to have a clear understanding in regard to Form 15CA and 15CB.

Form 15CA

It is a form of Declaration tool made by the Remitter for collating information in respect to payments which is chargeable to taxes in the hands of recipient non-resident. Information in Form 15CA is furnished electronically under Digital Signature in accordance with the procedures, format and standards specified by the Principal Director General of Income-tax.

 Form 15CA is to be filed only when the remittance is chargeable to tax in India. Therefore it is crystal clear that Form 15CA is not required to be filled if the remittance or payment to the non-resident is not chargeable to tax.

Form 15CB

It is a form of certification, which is obtained by a Qualified Chartered Accountant. This certificate has been prescribed under Section 195(6) of the Income Tax Act. Further, it is also an alternative form of obtaining Tax clearance apart from Certificate from Assessing Officer. The certificate in Form 15CB shall be furnished and verified electronically in accordance with the procedure, formats and standards specified by the Principal Director General of Income-tax.

Form 15CB is considered to be Tax Determination Certificate where a Qualified CA examines the remittance in regard to changeability provision of IT Act.

 

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