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The Central Board of Direct Taxes amends the Income-tax Rules, 1962, to update rule 21AB and insert Form No. 10F. The rules apply to an assessee claiming relief under section 90 or section 90A of the Income-tax Act, 1961. The assessee provides specific details in Form No. 10F regarding status, nationality, tax identification number, residential period, and foreign address. The assessee keeps and maintains documents to substantiate the information. An income-tax authority requires the assessee to provide the documents when necessary. The rules are deemed to come into force with effect from the 1st day of April, 2013.
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[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]
Notification
New Delhi, the 1st day of August, 2013
INCOME-TAX
S.O. 2331(E).- In exercise of the powers conferred by section 90 and section 90A read with 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:-
(a) in rule 21AB, for sub-rules (1) and (2), the following sub-rules shall be substituted, namely:-
“(1) Subject to the provisions of sub-rule (2), for the purposes of sub-section (5) of section 90 and sub-section (5) of section 90A , the following information shall be provided by an assessee in Form No. 10F, namely:—
(2) The assessee may not be required to provide the information or any part thereof referred to in sub-rule (1) if the information or the part thereof, as the case may be, is contained in the certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A.
(b) in Appendix-II, after Form No.10E, the following Form shall be inserted, namely:-
“Form No. 10F [See sub-rule (1) of rule 21AB]
Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A of the Income-tax Act, 1961
I _____________________________________ *son/daughter of Shri ________________________________ in the capacity of _____________________________________________ (designation) do provide the following information, relevant to the previous year ______________________, *in my case/in the case of _____________________ for the purposes of sub-section (5) of *section 90/section 90A : -
| Sl. No. | Nature of information | Details # |
|---|---|---|
| (i) | Status (individual, company, firm etc.) of the assessee | : |
| (ii) | Permanent Account Number (PAN) of the assessee if allotted | : |
| (iii) | Nationality (in the case of an individual) or Country or specified territory of incorporation or registration (in the case of others) | : |
| (iv) | Assessee's tax identification number in the country or specified territory of residence and if there is no such number, then, a unique number on the basis of which the person is identified by the Government of the country or the specified territory of which the assessee claims to be a resident | : |
| (v) | Period for which the residential status as mentioned in the certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A is applicable | : |
| (vi) | Address of the assessee in the country or territory outside India during the period for which the certificate, mentioned in (v) above, is applicable | : |
Signature: ___________________________________
Name: ___________________________________
Address: ___________________________________
Permanent Account Number: ___________________________________
Verification
I _______________________________ do hereby declare that to the best of my knowledge and belief what is stated above is correct, complete and is truly stated.
Verified today the _________________ day of _________________________________.
Place: ______________
Signature of the person providing the information
Notes :
(4) of section 90A.”.
[Notification No. 57/2013/ F.No.142/16/2013-TPL]
(ASHISH KUMAR) Director (Tax Policy and Legislation)
Note. - The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide Notification No. S.O.969 (E), dated the 26th March, 1962 and last amended by the Income-tax (10th Amendment) Rules, 2013 vide notification S.O. 2166(E) dated 15-7-2013.
