[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART-II, SECTION 3, SUB-SECTION (ii)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
(CENTRAL BOARD OF DIRECT TAXES)
New Delhi, the 28th August, 2012.
NOTIFICATION
INCOME-TAX
S.O. 1979(E) .-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, 1962, namely:-
1.
(1)
These rules may be called the Income-tax ( Ninth Amendment) Rules, 2012.
(2)
They shall come into force on the 1st day of April, 2013.
2.
In the Income-tax Rules, 1962,(hereafter referred to as the “said rules”), for rule 40BA, the
following rule shall be substituted, namely:-
“Special provisions for payment of tax by certain persons other than a company.
40BA. The report of an accountant which is required to be furnished by the assessee under sub-
section (3) of section 115JC, shall be in form No. 29C.”.
3.
In Appendix-II of the said rules, for Form No. 29C, the following form shall be
substituted, namely:-
“FORM NO. 29C
[See rule 40BA]
Report under section 115JC of the Income-tax Act, 1961 for computing
adjusted total income and alternate minimum tax of the person other than a company
1. I/We* have examined the accounts and records of _____________________________
(name and address of the assessee with PAN)
engaged in business of_______________________________ in order to arrive at the adjusted
(nature of business)
total income and the alternate minimum tax for the year ended on the 31st March, __________
2. (a) I/We* certify that the adjusted total income and the alternate minimum tax has been
computed in accordance with the provisions of Chapter XII-BA of the Income-tax Act. The tax
payable under section 115JC of the Income-tax Act in respect of the assessment year_________
is Rs__________________ , which has been determined on the basis of the details in Annexure
A to this Form.
3. In my/our * opinion and to the best of my/our* knowledge and according to the explanations
givento me/us* the particulars given in the Annexure A are true and correct.
(Signature and Stamp/Seal of the Signatory)
†Accountant
Place:
Name of the Signatory:
Date:
Full Address:
Membership No:
Notes:
1.
*Delete whichever is not applicable.
2.
†This certificate is to be given by –
(i)
a chartered accountant within the meaning of the Chartered Accountants Act,
1949 (38 of 1949); or
(ii)
any person, who in relation to any State, is, by virtue of the provisions in sub-
section (2) of section 226 of the companies Act, 1956 (1 of 1956), entitled to be
appointed to act as an auditor of companies registered in that State.
3. Where any of the matters stated in this report is answered in the negative or with a
qualification, the report shall state the reasons therefor.
ANNEXURE A
[See paragraph 2]
Details relating to the computation of Adjusted Total Income and Alternate Minimum Tax
for the purposes of section 115JC of the Income-tax Act, 1961
1.
Name of the assessee
2.
Address of assessee
3.
Permanent Account Number
4.
Assessment year
5.
Total income of the assessee computed in the
manner laid down in the Income-tax Act before
giving effect to Chapter XII-BA of the Incometax
Act, 1961(43 of 1961)
6.
Income-tax payable on total income referred to in
Column 5 above
7.
The amount of deduction claimed under any
section (other than section 80P) included in
Chapter VI-A under the heading "C. - Deductions
in respect of certain incomes"
Sl. No. Section
under
which
deduction
claimed
Amount
of
deduction
claimed
8.
The amount of deduction claimed under section
10AA
9.
Adjusted total income of the assessee (5+7+8)
10.
Minimum alternate tax (18.5% of adjusted total
income computed in column 9 above)”.
[Notification No 34/ 2012 /F.No. 142 /22 /2012-SO(TPL)]
( J. Saravanan )
Under Secretary (TPL-III)
Note.- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section
3, Sub-section(ii), vide notification number S.O.969(E), dated the 26th March, 1962 and last
amended by Income-tax (8th Amendment) Rules, 2012 vide notification S.O.No.1705(E)
dated 26/07/2012.
