(1) Every person or dealer other than a registered dealer, responsible for making tax deduction at source in accordance with the provisions of section 35, shall apply online or otherwise in Form 1(B) (amended) to the assessing authority or any other officer authorised by the Commissioner, For allotment of Tax Deduction Account Number (TDAN).
Provided that a person, other than a registered dealer responsible for making deduction at source as per the provisions of Section-35 shall be allowed 30 days time from the date from which such person is first liable to make such deduction to obtain a TDAN.
Provided further that the person other than a registered dealer, who is responsible for making tax deduction at source as per the provisions of Section 35 and is already deducting the tax at source shall apply for TDAN within a period of 30 days from the commencement of the above provisions.
(2) In case of a department of a State Government or the Central Government or a Corporation or a Local Body such application shall be made and signed by the person described in sub-rule (1) of rule 7 and accompanied by an authority letter given by the head of the office in the name of the applicant if the application is signed by a person other than the head of the office.
(3) If the assessing authority or any other officer authorised by the Commissioner, after examining the application and making such enquiry as he may deem fit, is satisfied that the particulars furnished are correct and complete, he shall allot a Tax Deduction Account Number and issue a Certificate to this effect to such person in the prescribed form.
(4) Every TDAN certificate, granted under sub-rule (3) shall comprise of such number of numeric or alpha-numeric digits as may be determined by the Commissioner.
(5) Every dealer or person liable to tax or liable to deduct tax at source under the provisions of section 35 of the Act, shall submit to the assessing authority periodical returns and annual return in the manner prescribed in rule 11.
Provided that a dealer or a person who ceases to carry on business during the course of a financial year, shall file the final return in Form IV(A) (amended) for the period of his business during the relevant year within 60 days from the date of cessation of business;
(6) (a) Such dealer or person shall issue to the dealer or person from whom tax has been deducted, a certificate in Form VIII (which can be amended by Commissioner with objective to ascertain the compliance of the provisions of the Act or Rules, under intimation to the Govt.) , regarding the amount of tax deducted. The TDAN/ TIN of the person liable to deduct Tax at source and the TIN of the dealer from whom deduction has been made shall be mentioned on such TDS certificate,
(b) This Form, in duplicate, shall be issued by the assessing authority To the dealer/ person who is liable lo deduct tax at source. Such dealer / person shall issue the completely filled and duly signed original copy to the dealer / person from whom lax has been deducted;
Provided that Commissioner, from a particular date or after a particular period which he deems fit may, discontinue the system of issue of such Forms by the Assessing Authority and allow the dealer/person who is liable to deduct tax at source to electronically generate and download such Forms in duplicate from the official website of the Commercial Tax Department on the basis of the data/ return submitted electronically by him. Commissioner may, issue necessary instructions in this regard.
(c) The assessing authority on receipt of the original copy of such certificate, shall treat the amount to have been deposited by the dealer / person in whose favour the certificate has been issued provided that the certificate is completely filled and duly signed and the TDAN/ TIN of the issuing dealer/ person and the TIN of the dealer/ person from whom deductions have been made are clearly mentioned m such TDS certificate.