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The Central Board of Direct Taxes amends the Income-tax Rules, 1962, to introduce Form No. 34EA for advance ruling applications. The rules apply to applicants under sub-clause (iiia) of clause (b) of section 245N of the Act. The applicant files the application in English or Hindi in quadruplicate. The application must include an account payee demand draft of ten thousand Indian rupees drawn in favour of Authority for Advance Rulings, payable at New Delhi.
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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 24th day of September, 2013
INCOME-TAX
S.O.2900(E).- In exercise of the powers conferred by section 245Q 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:-
(1) These rules may be called the Income-tax (18th Amendment) Rules, 2013. (2) They shall come into force on the 1st day of April, 2015.
In the Income-tax Rules, 1962, –
(i) in rule 44(E), in sub-rule (1), after item (c), the following item shall be inserted, namely.-
“ (d) in Form No. 34EA, in respect of an applicant referred to in sub-clause (iiia) of clause (b) of section 245N of the Act.”;
(ii) in Appendix-II, after the No. 34E, the following Form shall be inserted, namely: -
“FORM No. 34EA [See rule 44E] Form of application for obtaining an advance ruling under section 245Q (1) of the Income-tax Act, 1961
(PLEASE READ THE NOTES CAREFULLY BEFORE FILLING THIS FORM)
BEFORE THE AUTHORITY FOR ADVANCE RULINGS
Application No.____________ of________________
Full name and address of the applicant
Telephone, Fax No. and e-mail
Status (Individual/ Company, etc)
Resident or non-resident in India
Country of which he is resident (in case of non-resident in India)
Basis of claim for being a non-resident
The Commissioner having jurisdiction over the applicant (only in the case of existing assessees)
Permanent Account Number, if any
Details of the arrangement to be undertaken by the applicant on which determination or decision of the authority is required (i) brief description of the arrangement (ii) purpose or purposes of the arrangement (iii) details of the other parties to the arrangement in following format
| S. No. | Name of the other party (ies) to the arrangement | Whether resident in India | PAN | Role of such party in arrangement | Relationship with other party (ies) to the arrangement | Tax benefit arising to the other party(ies), if any |
|---|---|---|---|---|---|---|
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
The tax benefit which is likely to arise out of arrangement, if undertaken.
Assessment year or years during which the tax benefit as indicated in item No. 10 is likely to arise.(give year-wise break- up)
Question(s) relating to the proposed arrangement on which the advance ruling is required.
Statement of the relevant facts having a bearing on the item No.
Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the aforesaid arrangement.
List of documents or statements attached
Signed (Applicant)
Verification
I,____________________son/daughter/wife [name in full and in block letters] of____________________________do hereby solemnly declare that to the best of my knowledge and belief what is stated above and in the annexure(s), including the documents accompanying such annexure(s), is correct and complete. I further declare that I am making this application in my capacity as and that I am competent to make this (designation) application and verify it. I also declare that the question on which the advance ruling is required is not pending in my case before any income-tax authority, the Appellate Tribunal or any court. Verified today the day of ______________
Place ________ ______________ Signed
(Applicant)
Notes:
The application shall be filled in English or Hindi in quadruplicate.
The number and year of receipt of the application will be filled in the office of the Authority for Advance Rulings.
If the space provided for answering any item in the application is found insufficient, separate enclosures may be used for the purpose. These should be signed by the applicant.
The application shall be accompanied by an account payee demand draft of ten thousand Indian rupees drawn in favour of Authority for Advance Rulings, payable at New Delhi. Particulars of the draft should be given in reply to item No. 16.
In reply to item No. 4, if the applicant is a company, association of persons or Hindu undivided family, etc., the country of residence thereof is to be given and not of the individual who is filing the application on behalf of such person.
In reply to item No. 5, the applicant must state whether he/it is an individual, Hindu undivided family, firm, association of persons or company.
For item No. 6, the reply shall be given in the context of the provisions regarding 'residence' in India as contained in section 6 of the Income-tax Act. The position in this regard is as follows: An individual is said to be ‘resident’ in any financial year, if he has been in India during that year:
However, the period of 60 days is increased to 182 days in the case of a citizen of India or a person of Indian origin who has been outside India and comes on a visit to India, a citizen of India who leaves India for purposes of employment outside India, or as a member of the crew of an Indian ship. An association of persons or a Hindu undivided family is resident in India in every case except where the control and management of its affairs is situated wholly outside India. A company is resident in India, if it is an Indian company or the control and management of its affairs is situated wholly in India. A person who is not resident in India as above, is non-resident in India.
Regarding item No. 12, the question(s) should be based on actual or proposed arrangements. Hypothetical questions shall not be entertained.
In respect of item No. 13, in Annexure I, the applicant shall state in detail the relevant facts and also disclose the nature of his business or profession and the likely date and purpose of the proposed arrangement(s). Relevant facts reflected in documents submitted along with the application shall be included in the statement of facts and not merely incorporated by reference.
For item No. 14, in Annexure II, the applicant shall clearly state his interpretation of law or facts in respect of the question(s) on which the advance ruling has been sought.
The application, the verification appended thereto, the annexures to the application and the statements and documents accompanying the annexures, shall be signed,-
(a) in the case of an individual,-
(b) in the case of a Hindu undivided family,-
(c) in the case of a company,-
(d) in the case of a firm, by the managing partner thereof, or where for any unavoidable reason such managing partner is not able to sign and verify the application, or where there is no managing partner as such, by any partner thereof, not being a minor ;
(e) in the case of an association of persons, by any member of the association or the principal officer thereof ; and
(f) in the case of any other person, by that person or by some person competent to act on his behalf.
ANNEXURE I Statement of the relevant facts having a bearing on the question(s) on which the advance ruling is required
Place____________ ______________
Date____________
Signed
(Applicant)
ANNEXURE II Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the question(s) on which advance ruling is required
