Document text
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
37
MINISTRY OF FINANCE
(Department Of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 1st October, 2021
INCOME-TAX
G.S.R. 713(E).—In exercise of the powers conferred by clause (i), (ii), (iii) and (iv) of the
Explanation to fifth and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 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
(31st Amendment) Rules, 2021.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962 (hereinafter referred to as principal rules), in Part II, after the rule 11UD,
the following sub-part and rules shall be inserted, namely: ‒
‘J – Indirect transfer prior to 28th May, 2012 of assets situate in India
11UE. Specified conditions under Explanation to fifth and sixth proviso to Explanation 5 to clause
(i) of sub-section (1) of section 9.− (1) For the purposes of clauses (i), (ii) and (iii) of the Explanation to
fifth and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9, the declarant shall
furnish an undertaking in Form No. 1 and shall append the undertakings from all the interested parties in
Part M of the Annexure to the undertaking in Form No. 1 and furnish all the attachments required to be
furnished under any clause or Part thereof.
(2) The conditions for the purposes of clause (iv) of the Explanation to fifth and sixth proviso to
Explanation 5 to clause (i) of sub-section (1) of section 9 shall be the following, namely: -
(a) the declarant and all the interested parties shall irrevocably withdraw, terminate or discontinue all
the appeals or applications or petitions or proceedings, against the relevant order or orders and furnish
evidence thereof and a declaration in the undertaking in Form No. 1 to the effect that it shall not, under
any circumstances, reopen or file any such appeal, application, petition or proceeding in future against
the relevant order or orders;
(b) the declarant and all the interested parties shall irrevocably withdraw, terminate or discontinue all
the proceedings for arbitration, conciliation or mediation, or notices thereof against the relevant order or
orders and furnish evidence thereof and a declaration in the undertaking in Form No. 1 to the effect that
it shall not, under any circumstances, reopen or file any such proceeding or initiate any such arbitration,
conciliation or mediation in future against the relevant order or orders;
(c) the declarant and all the interested parties shall irrevocably withdraw, terminate or discontinue all
the proceedings to enforce or pursue attachments in respect of any award, order or judgement or any
other relief against the Republic of India or Indian affiliates with respect to the relevant order or orders
and furnish evidence thereof and a declaration in the undertaking in Form No. 1 to the effect that it shall
not, under any circumstances, reopen or file any such proceeding in future against the Republic of India
or Indian affiliates with respect to the relevant order or orders;
(d) the declarant and all the interested parties shall irrevocably terminate, release, discharge, and
forever irrevocably waive all rights, whether direct or indirect, and any claims, demands, liens, actions,
suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees, court’s fees expenses,
damages, judgments, orders, declaratory relief, and liabilities of whatever kind or nature at law, in
equity, or otherwise, whether now known or unknown previously (or in future discovered), suspected or
unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or do
exist or which hereafter can, shall or may exist in relation to any award, order, judgment, or any other
relief against the Republic of India or Indian affiliates in connection with the relevant order or orders
and furnish evidence thereof and a declaration in the undertaking in Form No.1 to the effect that it shall
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not, under any circumstances, reopen or file any such proceeding or initiate any such arbitration,
conciliation or mediation in future against the relevant order or orders;
(e) the declarant and all the interested parties shall irrevocably waive any right to seek or pursue any
claim for costs in respect of any proceeding referred to in clauses (a), (b), (c) or (d), including but not
limited to any proceeding initiated by the Republic of India to set aside the award, order or judgement,
or any other relief, referred to in clauses(a), (b), (c) or (d), issued in favour of the declarant or any of the
interested parties;
(f) the declarant and all the interested parties shall terminate, release, discharge, and forever irrevocably
waive any right, whether direct or indirect, any remedies, claims, demands, liens, actions, suits, causes
of action, obligations, controversies, debts, costs, attorneys’ fees, court’s fees, expenses, damages,
judgments, orders, compensation, and liabilities of whatever kind or nature at law, in equity, or
otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or
hidden, which have existed or may have existed, or do exist or which hereafter can, shall or may exist,
based on pursuit of any remedy or any and all claims, demands, damages, judgments, awards, costs,
expenses, compensation or liabilities of any kind (whether asserted or unasserted), in relation to any
facts, events, or omissions occurring at any time in relation to taxation of income referred to in the fifth
and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 or relevant order or
orders, or any related award, judgment or court order, which may otherwise be available to the
declarant or any of its interested parties;
(g) the declarant and all the interested parties shall indemnify, defend and hold harmless the Republic
of India and Indian affiliates from and against any and all costs, expenses (including attorneys’ fees and
court’s fees), interest, damages, and liabilities of any nature arising out of or in any way relating to the
assertion or, bringing, filing or maintaining of any claim, at any time after the date of furnishing the
undertaking in Form No. 1 by the declarant, by any person and the declarant and all the interested
parties shall furnish an indemnity bond to this effect, such that the declarant and the interested parties
fully assume the risk of any omission or mistake with respect to identification and procurement of
authorisations and undertakings from any related parties or interested parties as provided in the
undertaking, and secures the Republic of India and Indian affiliates from any claim related to any
relevant order or orders, or in relation to any award, order, judgment, or any other relief against the
Republic of India and Indian affiliates in connection with any relevant order or orders;
(h) the declarant and all the interested parties shall refrain from facilitating, procuring, encouraging or
otherwise assisting any person (including but not limited to any related party or interested party) from
bringing any proceeding or claims of any kind related to any relevant order or orders, or in relation to
any award, order, judgment, or any other relief against the Republic of India or Indian affiliates in
connection with any relevant order or orders; and
(i) the declarant and all the interested parties shall notify by a public notice or press release that, by
signing the undertaking in Form No. 1 or Part M of the Annexure to the undertaking in Form No. 1, as
the case may be, any claims arising out of or relating to the relevant orders or any related award,
judgment or court order, no longer subsist, and that such person or entity issuing the public notice has
signed the undertaking, and that such undertaking includes an indemnity against any claims brought
against the Republic of India or any India affiliate contrary to the undertaking, and that the declarant and
all the interested parties shall furnish a copy of such public notice to the Republic of India .
(3) The execution, delivery and performance of the undertaking in Form No. 1 submitted by the
declarant, undertakings from all the interested parties in Part M of the Annexure to the undertaking in
Form No. 1 and indemnity bond by the declarant and interested parties in Part N of the Annexure to the
undertaking in Form No. 1 shall be duly authorised by all necessary corporate action, including but not
limited to any board resolution or similar authorisation under applicable law and a copy of such board
resolution and legal authorisation shall be furnished by the declarant.
11UF. Manner of furnishing undertaking under rule 11UE. − (1) The undertaking in Form No. 1 under
sub-rule (1) of rule 11UE shall be submitted by the declarant to the jurisdictional Principal Commissioner
or Commissioner within forty- five days from the date of commencement of the Income-tax
(31st Amendment) Rules, 2021.
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(2) After the undertaking in Form No. 1 under sub- rule (1) of rule 11UE is furnished by the
declarant, the jurisdictional Principal Commissioner or Commissioner shall, within a period of
fifteen days from the date of receipt of the said undertaking, -
(a) grant a certificate in Form No. 2 accepting such undertaking; or
(b) pass an order rejecting such undertaking, where the undertaking in Form No. 1 is incorrect or
incomplete or any part thereof or any of the attachments or evidences or the indemnity bonds
provided therein or any of the authorisations, as referred to in sub-rule (3) of rule 11UE is
incorrect or incomplete or not furnished, after giving an opportunity of being heard to the
declarant.
(3) After the grant of certificate in Form No. 2, the conditions under sub-rule (2) of rule 11UE shall
be fulfilled by the declarant and interested parties and an intimation to this effect shall be filed by
the declarant in Form No. 3 within sixty days of the date of receipt of certificate in Form No. 2
under sub-rule (2) with the jurisdictional Principal Commissioner or Commissioner.
(4) The jurisdictional Principal Commissioner or Commissioner may, on an application made by
the declarant, extend the period of sixty days under sub-rule (3) by a further period not exceeding
sixty days.
(5) Where the intimation in Form No. 3 is filed after the period of sixty days under sub-rule (3) or
further period extended under sub-rule (4), as the case may be, then, notwithstanding anything
contained in any other provision of rule 11UE and this rule, such intimation in Form No. 3 shall be
treated as invalid and the provisions of this rule shall apply as if such person had never furnished
the intimation in Form No. 3.
(6) No intimation in Form No.3 under sub-rule (3) shall be required to be furnished by the declarant
if the following conditions are satisfied, namely:-
(a) the declarant or any of the interested parties has not filed, with respect to all the relevant order
or orders, any -
(i) appeal or application or petition or proceeding;
(ii) arbitration, conciliation or mediation and no notices have been given thereof;
or
(iii) proceeding to enforce or pursue attachments in respect of any award, order
or judgement or any other relief against the Republic of India or Indian
affiliates; and
(b) where, with respect to the relevant order or orders, any-
(i) appeals or applications or petitions or proceeding;
(ii) arbitration, conciliation or mediation; or
(iii) proceeding to enforce or pursue attachments in respect of any award, order
or judgement or any other relief against the Republic of India or Indian
affiliates,
has been filed or notice thereof has been given by the declarant or any interested parties, the
declarant and all such interested parties have irrevocably withdrawn all such appeals,
applications, petitions, proceeding, arbitration, conciliation and mediation and no further
appeal or application or petition or proceeding or arbitration or conciliation or mediation has
been filed by the declarant or any such interested party against the Republic of India or any of
the Indian Affiliates before the withdrawal of such arbitration, conciliation or mediation and
evidence thereof has been furnished at the time of furnishing the undertaking in Form No. 1
referred to in sub-rule (1) of rule 11UE; and
(c) where with respect to the relevant order or orders, any,-
(i) appeals or applications or petitions or proceeding;
(ii) the arbitration, conciliation or mediation;
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(iii) the proceeding to enforce or pursue attachments in respect of any award,
order or judgement or any other relief against the Republic of India or Indian
affiliates;
had been filed by the declarant or any of the interested parties and have been disposed of, no
further appeal or application or petition or proceeding or arbitration or conciliation or
mediation has been filed by the declarant or any such interested party against the Republic of
India or any of the Indian Affiliates on or before the disposal of such arbitration, conciliation or
mediation and evidence thereof has been furnished at the time of furnishing the undertaking in
Form No. 1 referred to in sub-rule (1) of rule 11UE.
(7) After the receipt of intimation in Form No. 3 under sub-rule (3) or grant of certificate in Form
No. 2 under sub-rule (2) in cases covered under sub-rule (6), the jurisdictional Principal
Commissioner or Commissioner shall pass an order granting relief in Form No. 4 or decline to
grant relief in accordance with the procedure specified in sub-rule (8).
(8) The jurisdictional Principal Commissioner or Commissioner may, after giving an opportunity of
being heard to the declarant, decline to grant relief under sub-rule (7) where,-
(a) the declarant has not fulfilled any of the conditions stipulated under sub-rule (2) of rule
11UE;
(b) the intimation in Form No. 3 or any part thereof is incorrect or incomplete;
(c) the intimation in Form No. 3 has not been filed in a case other than that covered under
sub-rule (6);
(d) any of the attachments provided in Form No. 3 is incorrect or incomplete or has not
been furnished;
(e) any of the evidences required to be furnished along with Form No. 3 is incorrect or
incomplete or has not been furnished; or
(f) the intimation in Form No. 3 submitted by the declarant is not duly authorised by all
necessary corporate action, including but not limited to any board resolution or similar
authorisation under applicable law or a copy of such board resolution or legal
authorisation is incorrect or incomplete or not furnished by the declarant.
(9) The order granting the relief under sub-rule (7) or declining to grant relief under sub-rule (8)
shall be passed,-
(a) within a period of thirty days from the date of receipt of Form No. 3 by the Principal
Commissioner or Commissioner, in cases where intimation in Form 3 has been
furnished to the Principal Commissioner or Commissioner under sub-rule (3),
(b) within thirty days of the issue of Form No. 2, in cases covered under sub-rule (6).
(10) No order rejecting the undertaking in Form No. 1 under clause (b) of sub-rule (2) or declining
relief under clause sub-rule (8), shall be passed by the Principal Commissioner or Commissioner
without the approval of the Chief Commissioner.
(11) For the purpose of rejecting the undertaking under clause (b) of sub-rule (2) or declining to
grant relief under sub-rule (8), the Principal Commissioner or Commissioner shall intimate the
reasons thereof to the declarant and give him an opportunity of submitting a renewed undertaking
in Form No. 1 or renewed intimation in Form No. 3, as the case may be, within a further period not
exceeding thirty days.
(12) Where the renewed undertaking or renewed intimation is not filed within such further period
under sub-rule (11), then, notwithstanding anything contained in any other provision of the rule
11UE and this rule, such undertaking or intimation shall be treated as invalid and the provisions of
this rule shall apply as if such person had never furnished the undertaking in Form No. 1 or
intimation in Form No. 3, as the case may be.
(13) The extended period allowed under sub-rule (11) for submitting a renewed undertaking in
Form No. 1 or a renewed intimation in Form No. 3 shall be excluded from,-
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(a) the period of fifteen days under sub-rule (2) for granting a certificate in Form No. 2 or
passing an order rejecting such undertaking, as the case may be, by the jurisdictional
Principal Commissioner or Commissioner; or
(b) thirty days under clause (a) and (b) of sub-rule (9) for passing an order granting relief
under sub-rule (7) or declining relief under sub-rule (8), as the case may be, by the
jurisdictional Principal Commissioner or Commissioner.
(14) For the purposes of computing the period of limitation under sub-rules (2) or (9), where
immediately after the exclusion of the period or extended period allowed to the declarant, the
period of limitation available to the Principal Commissioner or Commissioner, for granting
certificate or passing or issuing an order under sub-rules (2) or (9), is less than fifteen days, such
remaining period shall be extended to fifteen days and the period of limitation under said sub-rules
shall be deemed to be extended accordingly.
(15) The undertaking in Form No. 1 shall be deemed to have never been filed if the Principal
Commissioner or Commissioner has passed an order rejecting the undertaking in Form No. 1 under
clause (b) of sub-rule (2) or declined to grant relief to the declarant under sub-rule (8).
(16) The directions of the jurisdictional Principal Commissioner or Commissioner, in Form No. 4,
shall be binding on the assessing officer who shall, -
(a) give effect to such directions and pass an order and issue the refund, if any, and revoke
attachments, if any, within a period of fifteen days from the date of the receipt of such
directions; and
(b) file an application to withdraw any appeal or application or petition or proceeding filed
by any Income-tax Authority or intimate the concerned person, where appeals or
applications or petitions or proceeding has been filed by any other person representing
the Republic of India, with respect to the specified orders covered under Form No. 4,
within sixty days from the date of receipt of such directions.
(17) Any dispute with respect to the undertaking or part of the undertaking or indemnity bond
specified Forms prescribed under these rules or in respect of any direction or order issued
thereunder shall be governed by the relevant Indian laws and be decided in accordance with the
procedures specified under the Act, under the exclusive jurisdiction of the relevant income-tax
authorities, tribunals or courts in India, as the case may be, which are empowered to decide
disputes under the Act.
(18) The Form Nos. 1, 2, 3 and 4 of Appendix IV shall be the Forms for the purposes of this rule
and rule 11UE.
Explanation: - For the purposes of this rule and rule 11UE, unless the context otherwise requires,-
(a) ―declarant‖ means the person in whose case a specified order has been passed or made, as the
case may be;
(b) ―Indian affiliate‖ means any of departments, agencies, instrumentalities, public sector
companies, and other entities of the Republic of India, owned or controlled, directly or
indirectly, allegedly or in fact, by any thereof, as well as any officials, officers, directors,
employees, attorneys, representatives, those providing financing, and agents of any of these
persons, whether in India or in any other country or territory outside India;
(c) ―interested party‖ means the following, namely:-
(i)
all the companies or entities in the entire chain of holding of the declarant till the
ultimate holding company or entity;
(ii) any person to whom the declarant has transferred any of its claims under any award,
judgment, or court order pertaining to the relevant orders or under the relevant orders
or granted any rights;
(iii) any person other than the person mentioned in sub-clauses (i) and (ii), in whose
favour any interest has been created or assigned by the declarant or under any law or
rules made thereunder with respect to any of the relevant order; and
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(iv) any person who has initiated any proceedings with respect to any of the relevant
orders;
(d) ―related party‖ means affiliates, predecessors, successors, all the companies or entities in the
entire chain of holding till the ultimate holding company or entity, subsidiaries (whether direct
or indirect), assignees, agents, shareholders (present and future), owners, directors, officers,
those providing financing, and employees of the declarant;
(e) ―relevant order‖ means any specified order passed or made in respect of income accruing or
arising through or from the transfer of an asset or a capital asset situate in India in consequence
of the transfer of a share or interest in a company or entity registered or incorporated outside
India made before the 28th day of May, 2012, particulars whereof are provided in Part A of the
Annexure to the undertaking in Form No. 1;
(f) ―specified order‖ means,
(i)
an assessment or reassessment order under section 143, section 144, section 147 or
section 153A or section 153C; or
(ii) an order passed for enhancing the assessment or reducing a refund already made or
otherwise increasing the liability of the assessee under section 154; or
(iii) an order passed deeming a person to be an assessee in default under sub-section (1)
of section 201; or
(iv) an order passed imposing a penalty under Chapter XXI or under section 221;
(g) "ultimate holding company or entity" means a company or an entity that has ultimate control
of the declarant directly or indirectly and such company or entity is not itself controlled by, or
is subsidiary of, any other company or entity.’.
3. In the principal rules, after Appendix III, the following shall be inserted, namely: -
‘App x IV
FORM No. 1
[See rule 11UE (1)]
Undertaking under sub-rule (1) of rule 11UE of the Income-tax Rules, 1962
To,
Principal Commissioner/Commissioner
............................................ ............................................
Sir/Madam,
I………………....................(name
in
block letters) son/ daughter of
………………… designation ……………..and nationality ………………..and related passport
number………………. (hereinafter referred to as ―signatory‖) having Permanent
Account
Number/Aadhaar
Number
(see
Note
1)………………
on
behalf
of
…………………….. (name of the declarant) having Permanent Account Number / Aadhaar
number / Tax Deduction Account Number (see Note 2) ………………………………..and being
duly authorised and competent to represent the declarant in this regard pursuant to Board
Resolution and legal authorisation (see Note 3), as the case may be ,hereby declare as follows:
(a) That specified orders have been passed or made in respect of income accruing or arising
through or from the transfer of an asset or a capital asset situate in India in consequence of
the transfer of a share or interest in a company or entity registered or incorporated outside
India made before the 28th day of May, 2012 and particulars of such specified orders are
provided in Part A of the Annexure.
(b) The declarant has (strike off the options that are not applicable),
(i) not filed any appeal or application or petition or proceeding before any Income-tax
authority or Authority for Advance Rulings constituted under section 245-O of the
Act or the Board for Advance Rulings constituted under section 245-OB or
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Income-tax Settlement Commission constituted under section 245B or the Interim
Board for Settlement constituted under section 245AA or any tribunal or court
against the relevant orders, and hereby undertakes that it shall not file any appeal,
application, petition or proceeding in future against the relevant order or orders.
Particulars of such relevant order or orders are provided in Part B of the Annexure;
(ii) filed one or more appeals or applications or petitions or proceeding before any
Income-tax authority or Authority for Advance Rulings constituted under section
245-O of the Act or the Board for Advance Rulings under section 245-OB or
Income-tax Settlement Commission constituted under section 245B or the Interim
Board for Settlement constituted under section 245AA or any tribunal or court
against the relevant orders and has irrevocably withdrawn, on a with prejudice
basis, all such appeals or applications or petitions or proceeding and evidence
thereof is furnished herewith and hereby undertakes that it shall not file any appeal,
application, petition or proceeding in future against the relevant order or orders.
Particulars of such appeals or applications or petitions or proceeding filed and
irrevocably withdrawn with prejudice by the declarant, are provided in Part C of the
Annexure;
(iii) filed one or more appeals or applications or petitions or proceeding before any
Income-tax authority or Authority for Advance Rulings constituted under section
245-O of the Act or the Board for Advance Rulings under section 245-OB or
Income-tax Settlement Commission constituted under section 245B or the Interim
Board for Settlement constituted under section 245AA or any tribunal or court
against the relevant order or orders and all the appeals or applications or petitions or
proceeding filed by the declarant have been disposed of and no further appeal or
application or petition or proceeding has been filed by the declarant and evidence
thereof is furnished herewith and hereby undertake that it shall not file any appeal,
application, petition or proceeding in future against the relevant order or orders.
Particulars of such appeals or applications or petitions or proceeding filed and
disposed of, are provided in Part C of the Annexure;
(iv) filed appeals or applications or petitions or proceeding before any Income-tax
authority or Authority for Advance Rulings constituted under section 245-O of the
Act or the Board for Advance Rulings under section 245-OB or Income-tax
Settlement Commission constituted under section 245B or the Interim Board for
Settlement constituted under section 245AA or any tribunal or court against the
relevant orders and one or more of such appeals or applications or petitions or
proceeding are pending as on the date of this undertaking and hereby undertakes to
irrevocably withdraw, terminate and discontinue any and all such appeals or
applications or petitions or proceeding that are pending as on the date of signing
this undertaking, on a with prejudice basis, in accordance with clause (e) below.
The declarant further undertakes that it shall not file any such appeal, application,
petition or proceeding in future against the relevant order or orders. Particulars of
such pending appeals or applications or petitions or proceeding filed by the
declarant and their status as on the date of this undertaking, are provided in Part D
of the Annexure;
(c) The declarant has (strike off the options that are not applicable),
(i) not initiated any proceeding for arbitration, conciliation or mediation, and no notice
has been given thereof under any law for the time being in force or under any
agreement entered into by India with any other country or territory outside India,
whether for protection of investment or otherwise against the relevant orders, and
hereby undertakes that it shall not initiate any such arbitration, conciliation or
mediation in future. Particulars of such relevant order or orders are provided in Part
B of the Annexure;
(ii) initiated proceeding for arbitration, conciliation or mediation, or notices thereof has
been given, under any law for the time being in force or under any agreement
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entered into by India with any other country or territory outside India, whether for
protection of investment or otherwise against the relevant order or orders and has
irrevocably, on a with prejudice basis, withdrawn any such proceeding for
arbitration, conciliation or mediation, and notices given thereof and evidence
thereof is furnished herewith. The declarant hereby undertakes that it shall not
reopen in future any such proceeding or initiate or file any such arbitration,
conciliation or mediation in future arising out of or in connection with the relevant
order or orders. Particulars of such proceeding for arbitration, conciliation or
mediation and notices given thereof, initiated and irrevocably withdrawn with
prejudice by the declarant, are provided in Part E of the Annexure;
(iii) initiated proceeding for arbitration, conciliation or mediation, or notices thereof has
been given, under any law for the time being in force or under any agreement
entered into by India with any other country or territory outside India, whether for
protection of investment or otherwise against the relevant order or orders and all the
arbitration, conciliation or mediation filed by the declarant have been disposed of
and no further proceeding has been initiated by the declarant and evidence thereof
is furnished herewith. The declarant hereby undertakes that it shall not reopen in
future any such proceeding or initiate or file any such arbitration, conciliation or
mediation in future arising out of or in connection with the relevant order or orders.
Particulars of such proceeding for arbitration, conciliation or mediation and notices
given thereof, initiated and disposed of, are provided in Part E of the Annexure;
(iv) initiated proceeding for arbitration, conciliation or mediation, or notices thereof
has been given, under any law for the time being in force or under any agreement
entered into by India with any other country or territory outside India, whether for
protection of investment or otherwise against the relevant order or orders and one
or more of such proceeding or notices are pending on the date of undertaking and
hereby undertakes to irrevocably withdraw, terminate and discontinue any and all
such proceeding or notices for arbitration, conciliation or mediation that are
pending as on the date of signing this undertaking, on a with prejudice basis, in
accordance with clause (e) below. Particulars of such pending proceeding and
notices filed by the declarant are provided in Part F of the Annexure. The declarant
hereby further undertakes that it shall not initiate any such arbitration, conciliation
or mediation in future arising out of or in connection with the relevant order or
orders;
(v) received or got any awards, orders, judgements or any other reliefs issued in favour
of the declarant, arising out of or in any way relating to the imposition of tax,
interest and penalty based on the relevant order or orders, under any agreement
entered into by India with any other country or territory outside India, whether for
protection of investment or otherwise and hereby undertakes to irrevocably waive
any right to seek or pursue any claim or costs or declaratory relief in relation to or
arising out of such awards, orders or judgements or any other relief that may have
been ordered, issued or passed against India and any Indian affiliate, whether it is in
proceeding initiated by the declarant or by India and any Indian affiliate. The
declarant also undertakes to irrevocably waive any right to seek or pursue any claim
for costs or relief in respect of any proceeding initiated by the Republic of India to
set aside such award, order or judgement or any other relief issued in favour of the
declarant. The declarant hereby undertakes that it shall not initiate or file any such
arbitration, conciliation or mediation in future. Particulars of such awards, orders,
judgement or any other relief are provided in Part G of the Annexure;
(d) The declarant has (strike off the options that are not applicable),
(i) not initiated any proceeding to enforce or pursue attachments in connection with
any awards, orders, judgements, any other relief that may have been ordered, issued
or passed by any tribunal or court or other judicial, quasi-judicial or administrative
authority in relation to the said arbitration, conciliation or mediation proceeding in
[भाग II—खण्ड 3(i)]
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favour of the declarant as referred in clause (c) of this undertaking either against the
Republic of India and any Indian affiliate, and hereby undertakes that it shall not
initiate any such proceeding in future. Particulars of such award, order or judgment
are provided in Part B of the Annexure;
(ii) initiated proceeding to enforce or pursue attachments in connection with any
awards, orders, judgements or any other relief that may have been ordered, issued
or passed by any tribunal or court or other judicial, quasi-judicial or administrative
authority in relation to the said arbitration, conciliation or mediation proceeding in
favour of the declarant, as referred to in clause (c) of this undertaking against the
Republic of India and any Indian affiliate. The declarant has irrevocably and with
prejudice withdrawn or discontinued any such proceeding and hereby undertakes
that it shall not reopen any such proceeding in future or file or initiate fresh
proceeding to enforce or pursue attachments and evidence thereof is furnished
herewith. Particulars of such proceeding, initiated and withdrawn or discontinued
by the declarant, are provided in Part H of the Annexure;
(iii) initiated proceeding to enforce or pursue attachments in connection with any
awards, orders, judgements or any other relief that may have been ordered, issued
or passed by any tribunal or court or other judicial, quasi-judicial or administrative
authority in relation to the said arbitration, conciliation or mediation proceeding in
favour of the declarant, as referred to in clause (c) of this undertaking against the
Republic of India and any Indian affiliate. All such proceeding filed by the
declarant have been disposed of and no further proceeding has been filed by the
declarant and evidence is herewith furnished and hereby undertakes that it shall not
reopen any such proceeding in future or file or initiate fresh proceeding to enforce
or pursue attachments. Particulars of such proceeding, initiated and disposed of, are
provided in Part H of the Annexure;
(iv) initiated proceeding to enforce or pursue attachments in connection with any
awards, orders, judgements, or any other relief that may have been ordered, issued
or passed by any tribunal or court or other judicial, quasi-judicial or administrative
authority in relation to the said arbitration, conciliation or mediation proceeding in
favour of the declarant as referred to in clause (c) of this undertaking, either against
the Republic of India and any Indian affiliate and one or more of such proceeding
are pending on the date of undertaking and, the declarant has obtained one or more
orders from any court or other authority which remain outstanding against India and
any Indian Affiliate. The declarant hereby undertakes that it shall not file in future
any such proceeding to enforce or pursue attachments regarding any awards, orders,
judgements, or any other relief that may have been ordered , issued or passed by
any tribunal or court or other judicial, quasi-judicial or administrative authority in
relation to the said arbitration, conciliation or mediation proceeding in favour of the
declarant as referenced in clause (c) of this undertaking or to enforce the orders
from any court or other authority which remain outstanding against Republic of
India and any Indian Affiliate. The declarant further undertakes to fully cooperate
with the Republic of India or any Indian affiliate which is subject to such
outstanding order, in order to set-aside or otherwise nullify any such outstanding
order, and irrevocably and with prejudice waives any rights or remedies arising
from such outstanding order. Particulars of such proceeding are provided in Part I
of the Annexure. The declarant also undertakes to irrevocably withdraw, terminate
and discontinue with prejudice any and all such proceeding to enforce or pursue
attachments in accordance with clause (e).
(e) The declarant hereby undertakes as follows:
(i)
to irrevocably and with prejudice withdraw, discontinue, terminate and take all
necessary steps to irrevocably and with prejudice close the pending proceeding
referred in sub-clause (iv) of clause (b), sub-clause (iv) of clause (c), sub-clause (v)
of clause (c) and sub-clause (iv) of clause (d) of this undertaking, as well as any
46
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
other pending proceeding against India or Indian affiliates relating to the relevant
order or orders and not referenced in clauses (b), (c) and (d) above, and not to
pursue in any way and by any means in future the pending proceeding as referenced
in clauses (b), (c), and (d) above, and any other pending proceeding relating to the
relevant order or orders not referred in the above clauses and any other fresh
proceeding relating to the relevant order or orders. In so acting, declarant shall act
in accordance with this undertaking and in full cooperation with the Republic of
India;
(ii)
to irrevocably terminate, release, discharge, and forever irrevocably waive any
right, whether direct or indirect, and any claims, demands, liens, actions, suits,
causes of action, obligations, controversies, debts, costs, attorneys’ fees, court’s
fees, expenses, damages, judgments, orders, declaratory reliefs and liabilities of
whatever kind or nature at law, in equity, or otherwise, whether now known or
unknown previously (or in future discovered), suspected or unsuspected, and
whether or not concealed or hidden, which have existed or may have existed, or do
exist or which hereafter can, shall or may exist , in relation to any award, order,
judgment, or any other relief as referred in clause (b), (c) and (d) of this
undertaking, against the Republic of India and all Indian affiliates, ordered, issued
or passed in connection with the relevant order or orders, whether it is in proceeding
initiated by the declarant or by Republic of India and any Indian Affiliate. The
declarant further undertakes to fully cooperate with the Republic of India or any
Indian affiliate which is subject to any outstanding order referenced in clause (d), in
order to set-aside or otherwise nullify any such outstanding order, and irrevocably
and with prejudice waives any rights or remedies arising from such outstanding
order. For the avoidance of doubt, the declarant’s irrevocable waiver includes
irrevocable waiver of any right provided by any existing ex-parte, provisional, or
other kind of court order permitting enforcement or attachment against the Republic
of India and any Indian affiliate, in furtherance of any award, order judgment, or
any other relief that may have been ordered or issued or passed by any arbitral
tribunal as referred in clauses (b), (c) and (d) above. For further avoidance of
doubt, the declarant also undertakes to irrevocably waive any right to seek or pursue
any claim for costs in respect of any proceeding initiated by Republic of India and
any Indian affiliate to set aside such award, order or judgement ordered, issued or
passed in favour of the declarant. Such irrevocable waiver includes, but is not
limited to, any right under any relevant ex-parte order;
(iii)
to irrevocably waive any right to seek or pursue any claim for costs in respect of
any proceeding initiated by the Republic of India to set aside such award, order or
judgement, or any other relief issued in favour of the declarant.
(f) The declarant specifically represents that all Parts of the Annexure as described in this
undertaking are full and complete to the best of its knowledge.
(g) The declarant hereby undertakes to irrevocably terminate, release, discharge, and forever
irrevocably waive any right, whether direct or indirect, and any remedies, claims, demands,
liens, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees,
court’s fees, expenses, damages, judgments, orders, compensation, and liabilities of
whatever kind or nature at law, in equity, or otherwise, whether now known or unknown,
suspected or unsuspected, and whether or not concealed or hidden, which have existed or
may have existed, or do exist or which hereafter can, shall or may exist, based on pursuit of
any remedy or any and all claims, demands, damages, judgments, awards, costs, expenses,
compensation or liabilities of any kind (whether asserted or unasserted) in relation to any
facts, events, or omissions occurring from the beginning of time to the date of this
undertaking and thereafter in future in relation to taxation of said income or relevant order
or orders, or any related award, judgment or court order, which may otherwise be available
to the declarant under any law for the time being in force, in equity, under any statute or
under any agreement entered into by Republic of India with any country or territory outside
Republic of India, whether for protection of investment or otherwise , whether it is in
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
47
proceeding initiated by the declarant or by Republic of India and any Indian affiliate. For
the avoidance of doubt, the declarant’s above waiver includes an irrevocable waiver of any
claim against India and any Indian Affiliate to costs incurred or interest accrued in relation
to the relevant order or orders, or any related ongoing or completed litigation, arbitration,
conciliation or mediation. Moreover, for the avoidance of any doubt, the declarant hereby
undertakes (for itself and on behalf of all related parties) to forgo any reliance on any right
under any award, judgment, or court order pertaining to the relevant order or orders or
under the relevant order or orders.
(h) The declarant further represents that as of the date of this undertaking, it has not transferred
any of its claims under any award, judgment, or court order pertaining to the relevant order
or orders or under the relevant order or orders, or granted any rights, to third parties, and
further undertakes to not transfer any of its claims to third parties after entering this
undertaking. Where any such claim or right is transferred, the declarant confirms that it has
provided the particulars of all the interested parties in Part L, and the undertakings from
each of such interested parties is attached with this undertaking in accordance with Part M
of the Annexure.
(i) In the event that, notwithstanding the foregoing, any person asserts, brings, files or
maintains any claim against the Republic of India or Indian affiliates (hereinafter
collectively referred to as ―releasees‖)at any time on or after the date of furnishing this
undertaking, the declarant shall indemnify, defend and hold harmless such releasees from
and against any and all costs, expenses (including attorney’s fees and court’s fees), interest,
damages, and liabilities of any nature arising out of or in any way relating to the assertion
or, bringing, filing or maintaining of such claim. The declarant specifically represents that,
to the best of its knowledge, after -
(i) the execution of this undertaking;
(ii) the execution of any separate related undertaking by any other party in
connection with the relevant order or orders; and
(iii) irrevocable withdrawal of all pending proceeding as outlined in this
undertaking,
no other claim regarding the said relevant order or orders referenced above, or any related
award, judgment, or court order, shall remain outstanding against the Republic of India or
any Indian affiliates. To avoid any doubt, the declarant’s indemnity of releasees under this
clause shall include any claim brought by any third party alleging that it has obtained the
declarant’s claims under an award, judgement or court order or the relevant order or orders.
An indemnity bond to this effect is attached in Part N of the undertaking.
(j) For the removal of any doubt, the declarant fully assumes the risk through the indemnity in
clause (i) of any omission or mistake with respect to securing releasees against any related
claim by any person. If the declarant fails to obtain any release from such person, the
declarant warrants that it will indemnify the Republic of India or any Indian affiliates from
any defense costs, court costs, and damages. An indemnity bond to the effect of clause (i)
and (j) is annexed to the undertaking.
(k) The declarant further undertakes to refrain from facilitating, procuring, encouraging or
otherwise assisting any person (including but not limited to any related party or interested
party) from bringing any proceeding or claims of any kind referred to in the above clauses,
or any proceeding or claim of any kind related to any relevant order or orders referred to
above (whether in respect of tax, interest or penalty). The declarant shall notify by a public
notice or press release, at any time before furnishing intimation in Form No. 3 where this
Form is required to be furnished under rule 11UF and before furnishing this undertaking in
other cases, that by signing this undertaking any claims arising out of or relating to the
relevant order or orders or any related award, judgment or court order, no longer subsist.
Such public notice or press release shall include, among other things, confirmation that,-
(i) the declarant (and its related parties) forever irrevocably forgo any reliance on
any right and provisions under any award, judgment, or court order pertaining
to the relevant order or orders or under the relevant order or orders;
48
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
(ii) the declarant has provided this undertaking, which includes a complete release
of the Republic of India and any Indian Affiliates with respect to any award,
judgment, or court order pertaining to the relevant order or orders or under the
relevant order or orders, and with respect to any claim pertaining to the
relevant order or orders;
(iii) the undertaking also includes an indemnity against any claims brought against
the Republic of India or any India affiliate, including by related parties or
interested parties, contrary to the release; and
(iv) the declarant confirms it will treat any such award, judgment, or court order as
null and void and without legal effect to the same extent as if it had been set
aside by a competent court and will not take any action or initiate any
proceeding or bring any claim based on that.
(l) The declarant confirms that the undertakings given herein are intended to be enforceable
by the Republic of India, including so as to secure the irrevocable waiver, withdrawal or
discontinuance (as appropriate) of all the proceeding and claims referred to in any of the
clauses of this undertaking.
(m) The declarant represents and warrants that:
(i) it has full legal power and authority to execute and deliver this
undertaking(including but not limited to the issuance of the indemnity
described in clauses (i) and (j)under applicable law;
(ii) the execution, delivery and performance of this undertaking(including but not
limited to the issuance of the indemnity described in clause(i) and (j)has been
duly authorised by all necessary corporate action, including but not limited to
any board resolution or similar authorisation under applicable law (see
Note 3);
(iii) this undertaking constitutes the legal, valid and binding obligation of the
declarant, enforceable against the declarant in accordance with its terms;
(iv) such authorisations described in the above sub-clauses (i), (ii) and(iii) are
effective under applicable law, and to this end, letters from local counsel in the
relevant jurisdictions are attached to this undertaking which confirm the
legality of such authorisations under applicable law.
(n) The declarant confirms that by submitting the present undertaking, it fulfills the conditions
specified in the Explanation below the sixth proviso to Explanation 5 to clause (i) of
sub-section (1) of section 9.
(o) The details of the bank account in which the refund may be credited are provided in Part J
of the Annexure.
(p) The details of all the interested parties are provided in Part K and Part L of the Annexure.
The undertaking in Part M of the Annexure by each of such persons is attached with this
undertaking. The declarant represents and warrants that:
(i) all such undertakings have been executed and delivered by the person who has
full legal power and authority to execute and deliver such undertakings;
(ii) the execution, delivery and performance of this undertaking has been duly
authorised by all necessary corporate action; and
(iii) this undertaking constitutes the legal, valid and binding obligation of the
declarant, enforceable against such person in accordance with its terms. Such
separate, related undertakings may take the same form as this undertaking.
(q) The declarant is or is not covered under sub-rule (6) of rule 11UF and in case if the
declarant is not covered under said sub-rule all the conditions provided under sub-rule (2) of
rule 11UE have been fulfilled.
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
49
(r) This undertaking is governed by relevant Indian law and any dispute with respect to this
undertaking shall be subject to Indian laws and be decided in accordance with the
procedures specified in the Act under the exclusive jurisdiction of the relevant income-tax
authorities, tribunals or courts in Republic of India, as the case may be, which are
empowered to decide disputes under the Act.
I also confirm that I am aware of all the consequences and implications of this undertaking.
Place: ……………..
Date: ……………..
Signature
………………………………..
Attachments
1.
The Board Resolution or legal authorisation, as the case may be, as referred to in clause (m) of the
undertaking
2.
An indemnity bond to the effect of clause (i) and clause (j) of the undertaking attached in Part N of
the undertaking.;
3.
Copy of the public notice referred to in clause (k) of the undertaking, where Form No. 3 is not
required to be furnished under sub-rule (6) of rule 11UF.
4.
Attachments as required in different parts of the Annexure to this undertaking
Notes
1.
This information is required to be furnished where the Permanent Account Number or Aadhaar
Number of the signatory is available.
2.
Company Identification Number and Taxpayer Identification Number are to be provided where
Permanent Account Number or Aadhaar Number or Tax Deduction Account Number of the
declarant are not available.
3.
The Board Resolution or legal authorisation, as referred to in clause (m) of the undertaking shall,
among other things:
(a) record the signatory’s power and authority to give the undertaking on behalf of the declarant;
and
(b) record the declarant's power and authority to indemnify defend and hold harmless the Republic
of India and the Indian affiliates in accordance with clause (i) of the undertaking)
VERIFICATION
Verified that the contents of this undertaking are true to the best of my knowledge and belief. No part of
the undertaking is false and nothing has been concealed or misstated therein.
Verified at____place_____________ on this the ___day_______of___month______,_year___________.
Place: ……………..
Date: ……………..
Signature
………………………………..
50
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
Annexure
Part A– Particulars of the relevant order or orders:
Sr.
No.
Assessment
Year or
Financial year
Income-
tax
Authority
passing
the order
Details of the
order under
consideration
Taxes or
penalty
determined
Interest
Total
demand
Relief,
provided in
any appeal
proceeding,
if any
Demand
recovered
from the
declarant
Pending
demand or
refund due as
on date
Details of
the
attachments
made by
any
Income-tax
Authority
Section
and
sub-
section
of the
Income-
tax Act,
1961
Date
of
order
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Part B- Particulars of the relevant order or orders covered by sub-clause (i) of clauses(b), (c) and (d) of the
undertaking:
Sl. No.
Sl. No. in Part A
where the relevant
order is mentioned
No appeal or application or
petition or proceeding before
any Income-tax authority or
Authority for Advance
Rulings constituted under
section 245-O of the Act or
the Board for Advance
Rulings under section 245-
OB or Income-tax
Settlement Commission
constituted under section
245B or the Interim Board
for Settlement constituted
under section 245AA or any
tribunal or court has been
filed(refer clause (b)(i) of
the undertaking).
No proceeding has been
initiated for arbitration,
conciliation or mediation,
and no notice has been
given thereof under any
law for the time being in
force or under any
agreement entered into by
India with any other
country or territory outside
India, whether for
protection of investment or
otherwise (refer clause
(c)(i) of the undertaking).
No proceeding initiated to enforce
or pursue attachments in
connection with any award, order
or judgement, any other relief that
may have been ordered or issued or
passed by any tribunal or court or
other judicial or administrative
authority in relation to the said
arbitration, conciliation or
mediation proceeding in favour of
the declarant against the Republic
of India and Indian affiliates (refer
clause (d)(i) of the undertaking)
(1)
(2)
(3)
(4)
(5)
Applicable or Not applicable
Applicable or Not
applicable
Applicable or Not applicable
Part C: Particulars of the appeals or applications or petitions or proceeding under sub-clause (ii) and (iii) of
clause (b) of the undertaking:
Sr.
No.
Sl. No. in Part A
where the relevant
order is mentioned
Nature of appeals or
applications or petitions
or proceeding
Income-tax authority or
Authority for Advance
Rulings constituted under
section 245-O of the Act or
the Board for Advance
Rulings under section 245-
OB or Income-tax Settlement
Commission constituted
under section 245B or the
Interim Board for Settlement
constituted under section
245AA or any tribunal or
court before whom such
appeals or applications or
petitions or proceeding has
Date of filing the
appeals or
applications or
petitions or
proceeding
Date of disposing of or
withdrawal such appeals or
applications or petitions or
proceeding (Please attach a
copy of order by the Income-
tax authority or Authority for
Advance Rulings constituted
under section 245-O of the
Act or the Board for
Advance Rulings under
section 245-OB or Income-
tax Settlement Commission
constituted under section
245B or the Interim Board
for Settlement constituted
under section 245AA or any
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
51
been filed
tribunal or court accepting
the withdrawal or disposing
of)
(1)
(2)
(3)
(4)
(5)
(6)
Part D – Particulars of the appeals or applications or petitions or proceeding under sub-clause (iv) of
clause (b) of the undertaking:
Sr.
No.
Sl. No. in Part A
where the relevant
order is mentioned
Nature of appeals or
applications or petitions
or proceeding
Income-tax authority or Authority for Advance
Rulings constituted under section 245-O of the Act
or the Board for Advance Rulings under section
245-OB or Income-tax Settlement Commission
constituted under section 245B or the Interim
Board for Settlement constituted under section
245AA or any tribunal or court before whom such
appeals or applications or petitions or proceeding
has been filed
Date of filing the
appeals or applications
or petitions or
proceeding
(1)
(2)
(3)
(4)
(5)
Part E – Particulars of the proceeding for arbitration, conciliation or mediation, or notices under sub-clause
(ii) and (iii) of clause (c) of the undertaking:
Sr.
No.
Sl. No in Part A
where the relevant
order is mentioned
Nature of
proceeding for
arbitration,
conciliation or
mediation, or
notices
thereof with
case number
or Notice
given
Particulars
(including the
name of the
country)
where such
proceeding for
arbitration,
conciliation or
mediation are
pending or
notices
thereof have
been issued
Date of initiating the
proceeding for
arbitration,
conciliation or
mediation/ issue of
notice
Name of the
agreement
entered into
by India under
which the
proceeding for
arbitration,
conciliation or
mediation are
pending
Status of the
proceeding for
arbitration,
conciliation or
mediation
Date of
disposing of
or withdrawal
of such
proceeding for
arbitration,
conciliation or
mediation, or
notices
(Please attach
evidence of
such
disposing of
or withdrawal,
including
order of the
Tribunal or
court or other
judicial or
quasi-judicial
or
administrative
authority) )
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Part F – Particulars of the proceeding for arbitration, conciliation or mediation, or notices under sub-clause
(iv) of clause (c) of the undertaking:
Sr.
No.
Sl. No in Part A
where the relevant
order is mentioned
Nature of
proceeding
for
arbitration,
conciliation
or mediation,
or notices
thereof with
case number
or Notice
Particulars
(including the
name of the
country)
where such
proceeding
for
arbitration,
conciliation
or mediation
Date of initiating
the proceeding for
arbitration,
conciliation or
mediation/ issue of
notice
Name of the
agreement
entered into
by India
under which
the
proceeding
for
arbitration,
conciliation
Status of the
proceeding
for
arbitration,
conciliation
or mediation
52
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
given
are pending
of notices
thereof have
been issued
or mediation
are pending
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Part G – Particulars of the award, order or judgement or any other relief under sub-clause (v) of clause (c)
of the undertaking:
Sr.
No.
Sl. No. in Part A where the
relevant order is mentioned
Nature of such award,
order or judgement or
any other relief
Particulars
(including the name
of the country)
where proceeding
related to such
award, order,
judgement or any
other relief were
held
Date of such award, order,
judgement or any other
relief along with reference
number
Status of the award,
order, judgement or
any other relief
(1)
(2)
(3)
(4)
(5)
(6)
Part H – Particulars of the proceeding to enforce any award, order or judgement or any other relief under
sub-clause (ii) and (iii) of clause (d) of the undertaking:
Sr.
No.
Sl. No. in Part A
where the relevant
order is mentioned
Nature of
proceeding to
enforce such
award, order or
judgement or
any other relief
Particulars
(including the
name of the
country)
where such
proceeding to
enforce any
award, order
or judgement
or any other
relief are
taking place
Date of filing
proceeding to
enforce any
award, order
or judgement
or any other
relief
Nature of such
award, order
or judgement
or any other
relief
(Attach copy
thereof)
Status of the
proceeding to
enforce such
award, order or
judgement or
any other relief
Date of disposing of
or withdrawal of
proceeding to enforce
such award, order or
judgement or any
other relief (Please
attach a copy of
evidence of such
disposing
of/withdrawal,
including order of the
Court or other judicial
authority))
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Part I – Particulars of the proceeding to enforce any award, order or judgement or any other relief under
sub-clause (iv) of clause (d) of the undertaking:
Sr.
No.
Sl. No in Part A
where the relevant
order is mentioned
Nature of
proceeding to
enforce such
award, order or
judgement or any
other relief
Particulars (including
the name of the
country) where such
proceeding to enforce
any award, order or
judgement or any other
relief are taking place
Date of filing
proceeding to enforce
any award, order or
judgement or any other
relief
Nature of such
award, order or
judgement or any
other relief
(Attach copy
thereof)
Status of the
proceeding to
enforce such
award, order or
judgement or any
other relief
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Part J – Details of bank account in Republic of India to which the refund is to be remitted
Sr. No.
Bank Name and Address
Account Number and other required details for
remittance
(1)
(2)
(3)
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
53
Part K- Details of all the all the companies or entities in the entire chain of holding of the declarant till the
ultimate holding company or entity of the declarant:
Sl. No.
Name of holding
company
Percentage of the ownership by
such holding company in the
declarant as on the date of
undertaking
If the ownership in the declarant is not held
directly by such holding company, the
chain of ownership with the names of all
the companies in the chain of ownership
(1)
(2)
(3)
(4)
Part L- Details of all the interested parties other than the interested parties covered under Part K
Sl. No.
Name of such persons whose interest may be
affected directly or indirectly by this
undertaking
Nature of interest of such
person
Amount of interest of such
person (Rs), if available
(1)
(2)
(3)
(4)
PART M Undertaking by person(s) declared in Park K and Part L of the Undertaking
To,
Principal Commissioner/Commissioner
............................................ ............................................
Sir/Madam,
I………………....................(name
in
block letters) son/ daughter of
………………… designation ……………..and nationality ………………..and related passport
number………………. (hereinafter referred to as ―signatory‖) having
Permanent Account Number/Aadhaar Number (see Note 1) ………………………on behalf of
…………………….. (name of the interested party) having Permanent Account Number /
Aadhaar number / Tax Deduction Account Number (see Note 2) ………………………………..
and being duly authorised and competent to represent the interested party in this regard pursuant
to Board Resolution and legal authorisation (see Note 3), as the case may be , hereby declare as
follows:
(a) The particulars of specified orders that have been passed or made in respect of income
accruing or arising through or from the transfer of an asset or a capital asset situate in India
in consequence of the transfer of a share or interest in a company or entity registered or
incorporated outside Republic of India made before the 28th day of May, 2012 in the case of
declarant and the nature of interest of the interested party in such specified orders are
provided in Part MA of the Annexure.
(b) The interested party has (strike off options that are not applicable),
(i) not filed any appeal or application or petition or proceeding before any Income-tax
authority or Authority for Advance Rulings constituted under section 245-O of the
Act or the Board for Advance Rulings under section 245-OB or Income-tax
Settlement Commission constituted under section 245B or the Interim Board for
Settlement constituted under section 245AA or any tribunal or court against the
relevant order or orders, and hereby undertakes that it shall not file any appeal,
application, petition or proceeding in future against the relevant order or orders.
Particulars of such relevant order or orders are provided in Part MB of the
Annexure;
(ii) filed one or more appeals or applications or petitions or proceeding before any
Income-tax authority or Authority for Advance Rulings constituted under section
245-O of the Act or the Board for Advance Rulings under section 245-OB or
Income-tax Settlement Commission constituted under section 245B or the Interim
54
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
Board for Settlement constituted under section 245AA or any tribunal or court
against the relevant order or orders and has irrevocably, on a with prejudice basis,
withdrawn all such appeals or applications or petitions or proceeding or such
appeals or applications or petitions or proceeding have been disposed at any time
before the date of filing Form No. 1, and hereby undertake that it shall not file any
appeal, application, petition or proceeding in future against the relevant order or
orders. Particulars of such appeals or applications or petitions or proceeding filed
and irrevocably withdrawn with prejudice by the interested party, are provided in
Part MC of the Annexure;
(iii) filed one or more appeals or applications or petitions or proceeding before any
Income-tax authority or Authority for Advance Rulings constituted under section
245-O of the Act or the Board for Advance Rulings under section 245-OB or
Income-tax Settlement Commission constituted under section 245B or the Interim
Board for Settlement constituted under section 245AA or any tribunal or court
against the relevant order or orders and all the appeals or applications or petitions or
proceeding filed by the interested party have been disposed of and no further appeal
or application or petition or proceeding has been filed by the interested party and
evidence thereof is furnished herewith and hereby undertake that it shall not file
any appeal, application, petition or proceeding in future against the relevant order
or orders. Particulars of such appeals or applications or petitions or proceeding filed
and disposed of, are provided in Part MC of the Annexure;
(iv) filed appeals or applications or petitions or proceeding before any Income-tax
authority or Authority for Advance Rulings constituted under section 245-O of the
Act or the Board for Advance Rulings under section 245-OB or Income-tax
Settlement Commission constituted under section 245B or the Interim Board for
Settlement constituted under section 245AA or any tribunal or court against the
relevant order or orders and one or more of such appeals or applications or petitions
or proceeding are pending as on the date of this undertaking and hereby undertakes
to irrevocably withdraw, terminate and discontinue any and all such appeals or
applications or petitions or proceeding that are pending as on the date of signing
this undertaking, on a with prejudice basis, in accordance with clause (e) below.
The interested party further undertakes that it shall not file any such appeal,
application, petition or proceeding in future against the relevant order or orders.
Particulars of such pending appeals or applications or petitions or proceeding filed
by the interested party and their status as on the date of this undertaking, are
provided in Part D of the Annexure. Particulars of any appeals or applications or
petitions or proceeding as described in this clause (b) which are not covered by the
sub-clauses (i) and (ii) are also provided in Part MD of the Annexure;
(c) The interested party has (strike off options that are not applicable),
(i) not initiated any proceeding for arbitration, conciliation or mediation, and no notice
has been given thereof under any law for the time being in force or under any
agreement entered into by Republic of India with any other country or territory
outside India, whether for protection of investment or otherwise against the relevant
order or orders, and hereby undertakes that it shall not initiate any such arbitration,
conciliation or mediation in future. Particulars of such relevant order or orders are
provided in Part MB of the Annexure;
(ii) initiated proceeding for arbitration, conciliation or mediation, or notices thereof has
been given, under any law for the time being in force or under any agreement
entered into by India with any other country or territory outside India, whether for
protection of investment or otherwise against the relevant order or orders and has
irrevocably, on a with prejudice basis, withdrawn any such proceeding for
arbitration, conciliation or mediation, and notices given thereof. The interested
party hereby undertakes that it shall not reopen in future any such proceeding or
initiate or file any such arbitration, conciliation or mediation in future arising out of
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
55
or in connection with the relevant order or orders. Particulars of such proceeding
for arbitration, conciliation or mediation and notices given thereof, initiated and
irrevocably withdrawn with prejudice by the interested party, are provided in Part
ME of the Annexure;
(iii) initiated proceeding for arbitration, conciliation or mediation, or notices thereof has
been given, under any law for the time being in force or under any agreement
entered into by Republic of India with any other country or territory outside India,
whether for protection of investment or otherwise against the relevant order or
orders and all the arbitration, conciliation or mediation filed by the interested party
have been disposed of and no further proceeding has been initiated by the interested
party and evidence thereof is furnished herewith. The interested party hereby
undertakes that it shall not reopen in future any such proceeding or initiate or file
any such arbitration, conciliation or mediation in future arising out of or in
connection with the relevant order or orders. Particulars of such proceeding for
arbitration, conciliation or mediation and notices given thereof, initiated and
disposed of, are provided in Part ME of the Annexure;
(iv) has initiated proceeding for arbitration, conciliation or mediation, or notices thereof
has been given, under any law for the time being in force or under any agreement
entered into by Republic of India with any other country or territory outside
Republic of India, whether for protection of investment or otherwise against the
relevant order or orders and one or more of such proceeding or notices are pending
on the date of undertaking and hereby undertakes to irrevocably withdraw,
terminate and discontinue any and all such proceeding or notices for arbitration,
conciliation or mediation that are pending as on the date of signing this
undertaking, on a with prejudice basis, in accordance with clause (e). Particulars of
such pending proceeding and notices filed by the interested party are provided in
Part F of the Annexure. The interested party hereby further undertakes that it shall
not initiate any such arbitration, conciliation or mediation in future arising out of or
in connection with the relevant order or orders. Particulars of any proceeding for
arbitration, conciliation or mediation, or notices thereof, which are not covered by
the sub-clause (i) and sub- clause (ii), are also provided in Part MF of the
Annexure;
(v) received or got any awards, orders, judgements or any other reliefs issued in favour
of the interested party, arising out of or in any way relating to the imposition of tax,
interest and penalty based on the relevant order or orders, under any agreement
entered into by India with any other country or territory outside India, whether for
protection of investment or otherwise and hereby undertakes to irrevocably waive
any right to seek or pursue any claim or costs or declaratory relief in relation to or
arising out of such awards, orders or judgements or any other relief that may have
been ordered, issued or passed against India and any Indian affiliate, whether it is in
proceeding initiated by the interested party or by India and any Indian affiliate. The
interested party also undertakes to irrevocably waive any right to seek or pursue
any claim for costs in respect of any proceeding initiated by the Republic to set
aside such award, order or judgement issued in favour of the interested party. The
interested party hereby undertakes that it shall not initiate or file any such
arbitration, conciliation or mediation in future. Particulars of such awards, orders,
judgement or any other relief are provided in Part MG of the Annexure;
(d) The interested party has (strike off options that are not applicable),
(i) not initiated any proceeding to enforce or pursue attachments in connection with
any awards, orders, judgements, or any other relief that may have been ordered,
issued or passed by any tribunal or court or other judicial, quasi-judicial or
administrative authority in relation to the said arbitration, conciliation or mediation
proceeding in favour of the interested party as referred in clause (c) of this
undertaking either against the Republic of India and any Indian affiliate, and hereby
56
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
undertakes that it shall not initiate any such proceeding in future. Particulars of such
award, order or judgment are provided in Part MB of the Annexure;
(ii) initiated proceeding to enforce or pursue attachments in connection with any
awards, orders, judgements or any other relief that may have been ordered, issued
or passed by any tribunal or court or other judicial, quasi-judicial or administrative
authority in relation to the said arbitration, conciliation or mediation proceeding in
favour of the interested party, as referred to in clause (c) of this undertaking against
the Republic of India and any Indian affiliate. The interested party has irrevocably
and with prejudice withdrawn or discontinued any such proceeding and hereby
undertakes that it shall not reopen any such proceeding in future or file fresh
proceeding to enforce or pursue attachments. Particulars of such proceeding,
initiated and withdrawn or discontinued by the interested party, are provided in Part
MH of the Annexure;
(iii) initiated proceeding to enforce or pursue attachments in connection with any
awards, orders, judgements or any other relief that may have been ordered, issued
or passed by any tribunal or court or other judicial, quasi-judicial or administrative
authority in relation to the said arbitration, conciliation or mediation proceeding in
favour of the interested party, as referred to in clause (c) of this undertaking against
the Republic of India and any Indian affiliate. All such proceeding filed by the
interested party have been disposed of and no further proceeding has been filed by
the interested party and evidence is herewith furnished and hereby undertakes that it
shall not reopen any such proceeding in future or file or initiate fresh proceeding to
enforce or pursue attachments. Particulars of such proceeding, initiated and
disposed of, are provided in Part MH of the Annexure;
(iv) initiated proceeding to enforce or pursue attachments in respect of any awards,
orders, judgements, or any other relief that may have been ordered, issued or passed
by any tribunal or court or other judicial, quasi-judicial or administrative authority
in relation to the said arbitration, conciliation or mediation proceeding in favour of
the interested party as referred to in clause (c) of this undertaking, either against the
Republic of India and any Indian affiliate and one or more of such proceeding are
pending on the date of undertaking and, interested party has obtained one or more
orders from any court or other authority which remain outstanding against India and
any Indian affiliate. The interested party hereby undertakes that it shall not file in
future any such proceeding to enforce or pursue attachments regarding any awards,
orders, judgements, or any other relief that may have been ordered , issued or
passed by any tribunal or court or other judicial, quasi-judicial or administrative
authority in relation to the said arbitration, conciliation or mediation proceeding in
favour of the interested party as referenced in clause (c) of this undertaking or to
enforce the orders from any court or other authority which remain outstanding
against India and any Indian affiliate. The interested party further undertakes to
fully cooperate with the Republic of India or any Indian affiliate which is subject to
such outstanding order, in order to set-aside or otherwise nullify any such
outstanding order, and irrevocably and with prejudice waives any rights or remedies
arising from such outstanding order. Particulars of such proceeding, are provided
in Part MI of the Annexure. Particulars of any such proceeding, to enforce or
pursue attachments in connection with any awards, orders, judgements, or any other
relief, which are not covered by the sub-clauses (i) and (ii), are also provided in
Part MI of the Annexure. The interested party also undertakes to irrevocably
withdraw, terminate and discontinue with prejudice any and all such proceeding to
enforce or pursue attachments in accordance with clause (e) below;
(e) The interested party hereby undertakes as follows: -
(i)
to irrevocably and with prejudice withdraw, discontinue, terminate and take all
necessary steps to irrevocably and with prejudice close the pending proceeding
referred in sub-clause (iv) of clause (b), sub-clause (iv) of clause (c), sub-clause (v)
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
57
of clause (c) and sub-clause (iv) of clause (d) of this undertaking, as well as any
other pending proceeding against Republic of India or Indian affiliates relating to
the relevant order or orders and not referenced in clauses (b), (c) and (d) above, and
not to pursue in any way and by any means in future the pending proceeding as
referenced in clauses (b), (c), and (d) , and any other pending proceeding relating to
the relevant order or orders not referred in the above clauses and any other fresh
proceeding relating to the relevant order or orders. In so acting, interested party
shall act in accordance with this undertaking and in full cooperation with the
Republic of India;
(ii)
to irrevocably terminate, release, discharge, and forever irrevocably waive any
right, whether direct or indirect, and any claims, demands, liens, actions, suits,
causes of action, obligations, controversies, debts, costs, attorneys’ fees, court’s
fees, expenses, damages, judgments, orders, declaratory reliefs, and liabilities of
whatever kind or nature at law, in equity, or otherwise, whether now known or
unknown previously (or in future discovered), suspected or unsuspected, and
whether or not concealed or hidden, which have existed or may have existed, or do
exist or which hereafter can, shall or may exist , in relation to any award, order,
judgment, or any other relief as referred in clauses (b), (c) and (d) of this
undertaking, against the Republic of India and all Indian affiliates, ordered, issued
or passed in connection with the relevant order or orders, whether it is in proceeding
initiated by the interested party or by India and any Indian affiliate. For the
avoidance of doubt, the interested party’s irrevocable waiver includes irrevocable
waiver of any right provided by any existing ex-parte, provisional, or other kind of
court order permitting enforcement or attachment against the Republic of India and
any Indian affiliate, in furtherance of any award, order judgment, or any other relief
that may have been ordered or issued or passed by any arbitral tribunal as referred
in clauses (b), (c) and (d). The interested party further undertakes to fully cooperate
with the Republic of India or any Indian affiliate which is subject to any outstanding
order referenced in clause (d), in order to set-aside or otherwise nullify any such
outstanding order, and irrevocably and with prejudice waives any rights or remedies
arising from such outstanding order. For further avoidance of doubt, the interested
party also undertakes to irrevocably waive any right to seek or pursue any claim for
costs in respect of any proceeding initiated by Republic of India and any Indian
Affiliate to set aside such award, order or judgement ordered, issued or passed in
favour of the interested party. Such irrevocable waiver includes, but is not limited
to, any right under any relevant ex-parte order;
(iii)
to irrevocably waive any right to seek or pursue any claim for costs in respect of
any proceeding initiated by the Republic of India to set aside such award, order or
judgement, or any other relief issued in favour of the interested party.
(f) The interested party specifically represents that all Parts of the Annexure as described in
this undertaking are full and complete to the best of its knowledge.
(g) The interested party hereby undertakes to irrevocably terminate, release, discharge, and
forever irrevocably waive any right, whether direct or indirect, and any remedies, claims,
demands, liens, actions, suits, causes of action, obligations, controversies, debts, costs,
attorneys’ fees, court’s fees, expenses, damages, judgments, orders, compensation, and
liabilities of whatever kind or nature at law, in equity, or otherwise, whether now known or
unknown, suspected or unsuspected, and whether or not concealed or hidden, which have
existed or may have existed, or do exist or which hereafter can, shall or may exist, based on
pursuit of any remedy or any and all claims, demands, damages, judgments, awards, costs,
expenses, compensation or liabilities of any kind (whether asserted or unasserted) in
relation to any facts, events, or omissions occurring from the beginning of time to the date
of this undertaking and thereafter in future in relation to taxation of said income or relevant
order or orders, or any related award, judgment or court order, which may otherwise be
available to the interested party under any law for the time being in force, in equity, under
any statute or under any agreement entered into by India with any country or territory
58
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
outside India, whether for protection of investment or otherwise , whether it is in
proceeding initiated by the interested party or by India and any Indian affiliate. For the
avoidance of doubt, the interested party’s above waiver includes an irrevocable waiver of
any claim against India and any Indian affiliate to costs incurred or interest accrued in
relation to the relevant order or orders, or any related ongoing or completed litigation,
arbitration, conciliation or mediation. Moreover, for the avoidance of any doubt, the
interested party hereby undertakes to forgo any reliance on any right under any award,
judgment, or court order pertaining to the relevant order or orders or under the relevant
order or orders.
(h) The interested party further represents that as of the date of this undertaking, it has not
transferred any of its claims under any award, judgment, or court order pertaining to the
relevant order or orders or under the relevant order or orders, or granted any rights, to third
parties, and further undertakes to not transfer any of its claims to third parties after entering
this undertaking.
(i) In the event that, notwithstanding the foregoing, any person asserts, brings , files or
maintains any claim against the Republic of India or Indian affiliates (hereinafter
collectively referred to as ―releasees‖)at any time on or after the date of furnishing this
undertaking, the interested party shall indemnify, defend and hold harmless such releasee
from and against any and all costs, expenses (including attorneys’ fees and court’s fees),
interest, damages, and liabilities of any nature arising out of or in any way relating to the
assertion or, bringing, filing or maintaining of such claim. The interested party specifically
represents that, to the best of its knowledge, after
(i) the execution of this undertaking;
(ii) the execution of any separate related undertaking by any other party in
connection with the relevant order or orders; and
(iii) irrevocable withdrawal of all pending proceeding as outlined in this
undertaking,
no other claim regarding the said relevant order or orders referenced above, or any related
award, judgment, or court order, shall remain outstanding against the Republic of India or
any Indian affiliate. To avoid any doubt, the interested party’s indemnity of releasees shall
include any claim brought by any third party alleging that it has obtained the interested
party’s claims under an award, judgement or court order or the relevant order or orders. An
indemnity bond to this effect is attached in Part N of the undertaking.
(j) For the avoidance of any doubt, the interested party fully assumes the risk through the
indemnity in clause (i) of any omission or mistake with respect to securing releasees against
any related claim by any person. If the interested party fails to obtain any release from such
person, the interested party warrants that it will indemnify the Republic of India or any
Indian affiliates from any defense costs, court costs, and damages. An indemnity bond to the
effect of clause (i) and (j) is annexed to the undertaking.
(k) The interested party further undertakes to refrain from facilitating, procuring, encouraging
or otherwise assisting any party (including but not limited to any related party) from
bringing any proceeding or claims of any kind referred to in the above clauses, or any
proceeding or claim of any kind related to any relevant order or orders referred to above
(whether in respect of tax, interest or penalty). The interested party shall notify by a public
notice or press release, at any time before furnishing intimation in Form No. 3 where Form
No.3 is required to be furnished under rule 11UF and before furnishing this undertaking in
other cases, that by signing this undertaking any claims arising out of or relating to the
relevant order or orders or any related award, judgment or court order, no longer subsist.
Such public notice shall include, among other things, confirmation that,-
(i) the interested party forever irrevocably forgoes any reliance on any right and
provisions under any award, judgment, or court order pertaining to the relevant
order or orders or under the relevant order or orders;
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
59
(ii) the interested party has provided this undertaking, which includes a complete
release of the Republic of India and any Indian Affiliate with respect to any
award, judgment, or court order pertaining to the relevant order or orders or
under the relevant order or orders, and with respect to any claim pertaining to
the relevant order or orders;
(iii) the undertaking also includes an indemnity against any claims brought against
the Republic of India or any India affiliate contrary to the release; and
(iv) the interested party confirms it will treat any such award, judgment, or court
order as null and void and without legal effect to the same extent as if it had
been set aside by a competent court and will not take any action or initiate any
proceeding or bring any claim based on that.
(l) The interested party confirms that the undertakings given herein are intended to be
enforceable by the Republic of India, including so as to secure the irrevocable waiver,
withdrawal or discontinuance (as appropriate) of all the proceeding and claims referred to in
any of the clauses of this undertaking.
(m) The interested party represents and warrants that:
(i) it has full legal power and authority to execute and deliver this undertaking
(including but not limited to the issuance of the indemnity described in clauses
(i) and (j) under applicable law;
(ii) the execution, delivery and performance of this undertaking (including but not
limited to the issuance of the indemnity described in clause (i) and (j) has been
duly authorised by all necessary corporate action, including but not limited to
any board resolution or similar authorisation under applicable law (see Note
3);
(iii) this undertaking constitutes the legal, valid and binding obligation of the
interested party, enforceable against the interested party in accordance with its
terms;
(iv) such authorisations described in the above sub-clauses (i), (ii) and (iii)are
effective under applicable law, and to this end, letters from local counsel in the
relevant jurisdictions are attached to this undertaking which confirm the
legality of such authorisations under applicable law; and
(n) This undertaking is governed by relevant Indian law and any dispute with respect to this
undertaking shall be subject to Indian laws and be decided in accordance with the
procedures specified in the Act under the exclusive jurisdiction of the relevant Income-tax
authorities, tribunals or courts in India, as the case may be, which are empowered to decide
disputes under the Act.
I also confirm that, I am aware of all the consequences and implications of this undertaking.
Place: ……………..
Date: ……………..
Signature
………………………………..
Attachments
1.
The Board Resolution and legal authorisation, as referred to in clause (m) of Part M.
2.
An indemnity bond to the effect of clause (i) and (j) of Part M in Part N of the undertaking in Form
No. 1;
3.
Copy of the public notice referred to in clause (k) of Part M, where Form No. 3 is not required to be
furnished under sub-rule (6) of rule 11UF.
60
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
4.
Attachments as required in different parts of the Annexure to Part M of this undertaking
Notes:
1.
This information is required to be furnished where the Permanent Account Number or Aadhaar
Number of the signatory is available.
2.
Company Identification Number and Taxpayer Identification Number are to be provided where
Permanent Account Number/Aadhaar Number or Tax Deduction Account Number of the interested
party are not available.
3.
The Board Resolution or legal authorisation, as referred to in clause (m) of the undertaking shall,
among other things:
(a)
record the Signatory’s power and authority to give the undertaking on behalf of the interested
party; and
(b)
record the interested party’s power and authority to indemnify defend and hold harmless the
Republic of India and the Indian affiliates in accordance with clause (i) of the undertaking)
VERIFICATION
Verified that the contents of this undertaking are true to the best of my knowledge and belief. No part of
the undertaking is false and nothing has been concealed or misstated therein.
Verified at____place_____________ on this the ___day_______of___month______,_year___________.
Place: ……………..
Date: ……………..
Signature
………………………………..
Annexure
Part MA– Particulars of the relevant order or orders:
Sl.
No.
Assessment
Year or
Financial year
Income-tax
Authority passing
the order
Details of the order under consideration
Nature of interest of
the interested party
Section and sub-section
of the Income-tax Act,
1961
Date of order
(1)
(2)
(3)
(4)
(5)
(6)
Part MB- Particulars of the relevant order or orders covered by sub-clause (i) of clauses (b), (c) and (d) of
the undertaking:
Sl. No.
Sl. No. in Part MA
where the relevant
order is mentioned
No appeal or application
or petition or proceeding
before any Income-tax
authority or Authority for
Advance Rulings
constituted under section
245-O of the Act or the
Board for Advance
Rulings under section
245-OB or Income-tax
Settlement Commission
constituted under section
245B or the Interim
No proceeding has been
initiated for arbitration,
conciliation or
mediation, and no notice
has been given thereof
under any law for the
time being in force or
under any agreement
entered into by India
with any other country
or territory outside
India, whether for
protection of investment
No proceeding initiated to
enforce or pursue attachments
in connection with any award,
order or judgement, any other
relief that may have been
ordered or issued or passed by
any tribunal or court or other
judicial or administrative
authority in relation to the said
arbitration, conciliation or
mediation proceeding in favour
of the interested party against
the Republic of India and
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
61
Board for Settlement
constituted under section
245AA or any tribunal or
court has been filed(refer
clause (b)(i) of the
undertaking).
or otherwise (refer
clause (c)(i) of the
undertaking).
Indian affiliates (refer clause
(d)(i) of the undertaking)
(1)
(2)
(3)
(4)
(5)
Applicable or Not
applicable
Applicable or Not
applicable
Applicable or Not
applicable
Part MC – Particulars of the appeals or applications or petitions or proceeding under sub-clause (ii) and
(iii) of clause (b) of the undertaking:
Sl.
No.
Sl. No. in Part
MA where the
relevant order is
mentioned
Nature of appeals
or applications or
petitions or
proceeding
Income-tax authority or
Authority for Advance
Rulings constituted under
section 245-O of the Act or
the Board for Advance
Rulings under section 245-
OB or Income-tax
Settlement Commission
constituted under section
245B or the Interim Board
for Settlement constituted
under section 245AA or any
tribunal or court before
whom such appeals or
applications or petitions or
proceeding has been filed
Date of filing
the appeals or
applications or
petitions or
proceeding
Date of disposing of or
withdrawal such appeals or
applications or petitions or
proceeding (Please attach a
copy of order by the Income-
tax authority or Authority for
Advance Rulings constituted
under section 245-O of the
Act or the Board for
Advance Rulings under
section 245-OB or Income-
tax Settlement Commission
constituted under section
245B or the Interim Board
for Settlement constituted
under section 245AA or any
tribunal or court accepting
the withdrawal or disposing
of)
(1)
(2)
(3)
(4)
(5)
(6)
Part MD – Particulars of the appeals or applications or petitions or proceeding under sub-clause (iv) of
clause (b) of the undertaking:
Sl.
No.
Sl. No. in Part
MA where the
relevant order is
mentioned
Nature of appeals or
applications or petitions
or proceeding
Income-tax authority or Authority for
Advance Rulings constituted under section
245-O of the Act or the Board for Advance
Rulings under section 245-OB or Income-
tax Settlement Commission constituted
under section 245B or the Interim Board for
Settlement constituted under section 245AA
or any tribunal or court before whom such
appeals or applications or petitions or
proceeding has been filed
Date of filing the
appeals or
applications or
petitions or
proceeding
(1)
(2)
(3)
(4)
(5)
Part ME – Particulars of the proceeding for arbitration, conciliation or mediation, or notices under sub-
clause (ii) and (iii) of clause (c) of the undertaking:
Sl.
No.
Sl. No Part MA
where the relevant
order is mentioned
Nature of
proceeding for
arbitration,
conciliation or
mediation, or
notices thereof
Particulars
(Including the
name of the
country)
where such
proceeding for
Date of initiating the
proceeding for
arbitration,
conciliation or
mediation/ issue of
Name of the
agreement
entered into by
India under
which the
proceeding for
Status of the
proceeding for
arbitration,
conciliation or
mediation
Date of
disposing of or
withdrawal of
such
proceeding for
arbitration,
62
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
with case
number or
Notice given
arbitration,
conciliation or
mediation are
pending or
notices thereof
have been
issued
notice
arbitration,
conciliation or
mediation are
pending
conciliation or
mediation, or
notices (Please
attach
evidence of
such disposing
of or
withdrawal,
including
order of the
Tribunal or
court or other
judicial or
quasi-judicial
or
administrative
authority) )
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Part MF – Particulars of the proceeding for arbitration, conciliation or mediation, or notices under sub-
clause (iv) of clause (c) of the undertaking:
Sl.
No.
Sl. No. in Part MA where
the relevant order is
mentioned
Nature of
proceeding for
arbitration,
conciliation or
mediation, or
notices thereof
with case number
or Notice given
Particulars
(Including the
name of the
country) where
such proceeding
for arbitration,
conciliation or
mediation are
pending of
notices thereof
have been issued
Date of initiating the
proceeding for
arbitration, conciliation
or mediation or issue of
notice
Name of the
agreement
entered into by
India under
which the
proceeding for
arbitration,
conciliation or
mediation are
pending
Status of the
proceeding for
arbitration,
conciliation or
mediation
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Part MG – Particulars of the award, order or judgement or any other relief under sub-clause (v) of
clause (c) of the undertaking:
Sl. No. Sl. No. in Part MA
where the relevant
order is mentioned
Nature of such
award, order or
judgement or any
other relief
Particulars (Including the
name
of
the
country)
where proceeding related to
such
award,
order,
judgement or any other
relief were held
Date of such award,
order, judgement or
any other relief along
with reference number
Status of the
award, order,
judgement or
any other relief
(1)
(2)
(3)
(4)
(5)
(6)
Part MH – Particulars of the proceeding to enforce any award, order or judgement or any other relief under
sub-clause (ii) and (iii) of clause (d) of the undertaking:
Sl.
No.
Sl. No. in Part MA
where the relevant
order is mentioned
Nature of
proceeding to
enforce such
award, order or
judgement or
any other relief
Particulars
(Including the
name of the
country)where
such
proceeding to
enforce any
award, order
or judgement
or any other
relief are
taking place
Date of filing
proceeding to
enforce any
award, order
or judgement
or any other
relief
Nature of such
award, order
or judgement
or any other
relief
(Attach copy
thereof)
Status of the
proceeding to
enforce such
award, order or
judgement or
any other relief
Date of disposing
of/withdrawal of
proceeding to enforce
such award, order or
judgement or any
other relief (Please
attach a copy of
evidence of such
disposing of or
withdrawal, including
order of the Court or
other judicial
authority)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
63
Part MI – Particulars of the proceeding under sub-clause (iv) of clause (d) of the undertaking:
Sl.
No.
Sl. No. in Part
MA where the
relevant order is
mentioned
Nature of
proceeding to
enforce such
award, order or
judgement or any
other relief
Particulars
(Including the name
of the country)where
such proceeding to
enforce any award,
order or judgement
or any other relief
are taking place
Date of filing
proceeding to enforce
any award, order or
judgement or any
other relief
Nature of such
award, order or
judgement or any
other relief
(Attach copy
thereof)
Status of the
proceeding to
enforce such
award, order or
judgement or
any other relief
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Part N
INDEMNITY BOND
This Indemnity Bond (―Bond‖) is made on this _____ day of ______, 2021 by
_______________(name
in
block letters) son/ daughter
of_____________designation and
nationality_____________and
related
passport
number____________(hereinafter
referred
to
as
―Signatory‖) having Permanent Account Number/Aadhaar Number/ Tax Deduction Account Number (See
Note 1)__________on behalf of ____________(name of the declarant or interested party, as the case may
be)
having
Permanent
Account
Number/
Aadhaar
number/Tax
Deduction
Account
Number______________ (See Note 2) and being duly authorised and competent to represent the declarant
or interested party, as the case may be, in this regard pursuant to Board Resolution or legal authorisation
(See Note 3), of the FIRST PART.
And
The Republic of India and any Indian affiliate (hereinafter collectively referred to as ―releasees‖) of the
OTHER PART.
WHEREAS:
A.
The Income-Tax Rules, 1962 have been amended and the Income-Tax (31st Amendment)
Rules, 2021 have come into force from the date of their publication in the Official Gazette.
B.
The declarant or interested party, as the case may be, has filed an undertaking under sub-rule
(1) of rule 11UE of the Income -tax Rules, 1962, to which this indemnity bond is annexed.
Any defined terms not defined herein shall have the same meaning as the definitions given
under rule 11UE and the undertaking.
C.
Pursuant to the above, the declarant or interested party, as the case may be, has agreed to
indemnify, defend and hold harmless the Republic of India and Indian affiliates from and
against any and all costs, expenses (including attorney fees and court fees), interest, damages,
and liabilities of any nature arising out of or in any way relating to the assertion or, bringing,
filing or maintaining of any claim at any time after the date of furnishing the undertaking in
Form No.1 by any person, related to any relevant order or orders, or in relation to any award,
order, judgment, or any other relief, or to any dispute underlying the award, and the declarant
or interested party, as the case may be, has agreed to furnish an indemnity bond to this effect,
such that the declarant or interested party, as the case may be, fully assumes the risk of any
omission or mistake with respect to identification and procurement of authorisations and
undertakings from any related parties or interested parties as provided in the undertaking, and
securing the Republic of India and Indian affiliates from any claim related to any relevant order
or orders, or in relation to any award, order, judgment, or any other relief or to the dispute
underlying the award against the Republic of India or Indian affiliates in connection with the
relevant order or orders.
D.
Accordingly the declarant or interested party, as the case may be, is executing this Indemnity
Bond in favor of the Republic of India on the terms appearing hereunder.
64
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
NOW THIS INDEMINTY BOND WITNESSETH AS FOLLOWS:
1. In the event that any person or entity asserts, brings, files or maintains any claim against any
releasee at any time on or after the date of furnishing this undertaking, related to any relevant order
or orders, or in relation to any award, order, judgment, or any other relief, or to any dispute
underlying the award, against the Republic of India or Indian affiliates in connection with the
relevant order or orders, the declarant or interested party, as the case may be, shall indemnify,
defend and hold harmless such releasees from and against any and all costs, expenses (including
attorney fees and court fees), interest, damages, and liabilities of any nature arising out of or in any
way relating to the assertion or, bringing, filing or maintaining of such claim.
2. The declarant or interested party, as the case may be, specifically represents that, to the best of its
knowledge, after -
(i) the execution of this undertaking;
(ii) the execution of any separate related undertaking by any other party in connection with the
relevant order or orders; and
(iii) withdrawal of all pending proceeding as outlined in this undertaking,
that no other claim regarding the said relevant order or orders referenced above, or any related
award, judgment, or court order, or any aspect of the dispute underlying the award shall remain
outstanding against the Republic of India or other releasee.
Explanation I.-For the removal of any doubt, the declarant’s or interested party’s indemnity of
releasees under this clause shall include any claim brought by any third party alleging that it has
obtained declarant’s or interested party’s, as the case may be, claims under an award, judgement or
court order or the relevant order or orders.
Explanation II.- the declarant or interested party, as the case may be, fully assumes the risk
through this indemnity of any omission or mistake with respect to securing releasees against any related
claim by any person. If the declarant or interested party, as the case may be, fails to obtain any release
from such person, the declarant or interested party, as the case may be, indemnifies through this
document the releasees from any defense costs, court costs, and damages.
3. This Indemnity Bond shall be governed by the relevant laws of India and the Delhi High Court
shall have sole jurisdiction to entertain and try any dispute or difference arising out of or in
connection with the terms of this Bond.
IN WITNESS WHEREOF the undersigned herein has signed and set his hands on this ____ day of ______,
2021.
For and on behalf of the declarant or interested party, as the case may be,
__________________
Name and address of Witness
Signature of the Witness
1.
2.
Place;
Date:
Note
1.
This information is required to be furnished where the Permanent Account Number or Aadhaar
Number of the signatory is available.
2.
Company Identification Number and Taxpayer Identification Number are to be provided where
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
65
Permanent Account Number or Aadhaar Number or Tax Deduction Account Number of the
declarant or interested party, as the case may be, are not available.
3.
The Board Resolution or legal authorisation, as referred to in clause (m) of the undertaking shall,
among other things:
(a)
record the signatory’s power and authority to give the undertaking on behalf of the declarant
or interested party, as the case may be; and
(b)
record the declarant or interested party’s power and authority, as the case may be, to
indemnify defend and hold harmless the Republic of India and the Indian affiliates in
accordance with clause (i) of the undertaking)
FORM NO. 2
[See rule 11UF]
Form for Certificate Under sub – rule (2) of rule 11UF
<Name of the declarant>
Address of the declarant
Sir / Madam
1. The .................................... (name of the declarant) (hereinafter referred to as the declarant) with
Permanent Account Number/ Aadhaar number / Tax Deduction Account Number/ Company
Identification Number and Taxpayer Identification Number………………………………..has filed an
undertaking in Form No. 1 dated _______ under -------sub-rule (1)of the rule 11UE of the rules.
2. Pursuant to the undertaking filed by the declarant in Form No. 1 under sub-rule (1) of rule 11UE, the
provisions of fifth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 of the Act shall
be applicable to the orders mentioned below, subject to the fulfilment of the conditions specified in
said proviso read with relevant rules and fulfilment of the undertakings by the declarant in Form No.1:
TABLE
Sl.
No.
Sl. No.
of the
Table in
Part A of
Form
No. 1
where
the
relevant
order is
mentione
d
Assessme
nt Year or
Financial
year
Income-tax
Authority
passing the
order
Details of the order
under consideration
Taxes or
Penalty
determined
Interest
Total
demand
Relief,
provided
in any
appeal
proceedin
g, if any
Demand
recovered
from the
declarant
Pending
demand
or refund
due as
on date
Details of
the
attachmen
ts made
by any
Income-
tax
Authority
Section
and sub-
section of
the
Income-
tax Act,
1961
Date of
order
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
3. Demand recovered , as per the column (11) of the Table above, shall be refunded to the declarant,
subject to the conditions under sub-rule (2)of the rule 11UE and the provisions of the Act, without any
interest as per the provisions of the sixth proviso to Explanation 5 to clause (i) of sub-section (1) of
section 9 of the Act, attachments, if any, the details whereof are provided in column (13) of the Table,
shall be revoked and appeals or applications or petitions or proceeding, if any, filed by any Income-tax
Authority or any other person representing the Republic of India with respect to the specified orders,
as per column (2) of the Table, shall be withdrawn or intimation shall be sent to the concerned person,
on the issue of Form No. 4, as per the procedure provided in sub- rule (16) of rule 11UF. Further, no
interest under section 244A of the Act will be payable to the declarant as per the provisions of sixth
proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 of the Act.
66
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
Certificate No….
Place ...................
………................................................
Date .....................
(Principal Commissioner/Commissioner of Income Tax)
FORM NO. 3
[See rule 11UF]
Intimation for Withdrawal under sub-rule (3) of rule 11UF of the Income- tax Rules, 1962
To,
The Principal Commissioner/Commissioner
............................................ ............................................
Sir/Madam,
I………………....................(name
in
block letters) son/ daughter of
…………………
designation ……………..and nationality ………………..and related passport number……………….
(hereinafter referred to as ―signatory‖) having Permanent Account Number/Aadhaar
Number ………………………(see Note 1) on behalf of …………………….. (name of the declarant)
having Permanent Account Number / Aadhaar number / Tax Deduction Account Number (see Note 2)
……………………………….. and being duly authorised and competent to represent the declarant in this
regard pursuant to Board Resolution and legal authorisation (see Note 3), as the case may be, hereby
confirm that the declarant has received an order in Form No. 2 dated _____
Pursuant thereto, I confirm that the pending appeals or applications or petitions, arbitration, conciliation,
mediation, claims or other proceeding, if any, as referred in Part D, Part F, Part G, Part I and Part M of the
undertaking in Form No.1 dated…... have been irrevocably, on a with prejudice basis, withdrawn or
discontinued and are not being pursued. The evidence of action taken in this regard are enclosed herewith.
Place ...................
………................................................
Date .....................
Signature/Verification
Attachments
1.
Attach the Board Resolution or legal authorisation, as the case may be, as referred to in
clause (m) of the undertaking.
2.
Attach the evidence of action taken as referred above.
VERIFICATION
Verified that the contents of this intimation are true to the best of my knowledge and belief. No part of the
intimation is false and nothing has been concealed or misstated therein.
Verified at____place_____________ on this the ___day_______of___month______,_year___________.
Place: ……………..
Date: ……………..
Signature
………………………………..
[भाग II—खण्ड 3(i)]
भारतकाराजपत्र:असाधारण
67
Note
1.
This information is required to be furnished where the Permanent Account Number or Aadhaar
Number of the signatory is available.
2.
Company Identification Number and Taxpayer Identification Number are to be provided where
Permanent Account Number or Aadhaar Number or Tax Deduction Account Number of the
interested party are not available.
3.
The Board Resolution or legal authorisation, as referred to in clause (m) of the undertaking and
such Board resolution or legal authorisation shall, among other things:
(c)
record the signatory’s power and authority to give the undertaking on behalf of the interested
party; and
(d)
record the interested party’s power and authority to indemnify defend and hold harmless the
Republic of India and the Indian affiliates in accordance with clause (i) of the undertaking)
Form No. 4
[See rule 11UF]
Order by Principal Commissioner or Commissioner under sub-rule (7) of rule 11UF of
the Income -tax Rules, 1962
Whereas.............................................................................(Name and
Permanent
Account
Number/Aadhaar
number/ Tax Deduction Account Number/ Company Identification Number and
Taxpayer Identification Number of
the
declarant) (hereinafter referred to as declarant) had furnished undertaking under clause (a) of the rule 11UE
, which was received on ….(Date);
and whereas Form No. 2 dated .......................................................................................... was issued to the
declarant as per sub-rule (2) of rule 11UF;
The declarant has filed the intimation in Form No. 3 dated—------ as per sub-rule (3) of the rule 11UF or
the case of the declarant is covered under sub-rule (6) of rule 11UF;
Now, therefore, in exercise of the powers conferred by sub-rule (7) of rule 11UF, it is hereby certified that
the following specified orders shall be deemed to have never been passed and refund determined as per
column (12) of the Table shall be issued to the declarant, and the attachments, if any, as per column (13) of
the Table shall be revoked, to the extent they relate to the specified orders mentioned in the Table below:
TABLE
Sl.
No.
Sl No
of the
Table
in
Form
No.2
Assessment
Year/ or
Financial
year
Income-
tax
Authority
passing
the order
Details of the
order under
consideration
Taxes or
Penalty
determined
Interest
Total
demand*
Relief,
provided in
any appeal
proceeding,
if any
Demand
recovered
from the
declarant
Refund
determined
in
pursuance
of this
order
Attachments
made by any
Income-tax
Authority to
be revoked
in pursuance
of this order
Section
and sub-
section
of the
Income-
tax Act,
1961
Date
of
order
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Further, no interest under section 244A of the Act will be payable to the declarant as per the provisions of
sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 of the Act.
The assessing officer is directed to give effect to above and pass an order and issue the refund, if any, and
revoke attachments, if any, and withdraw any appeals or applications or petitions or proceeding, filed by
any Income-tax Authority or intimate the concerned person, where appeals or applications or petitions or
proceeding has been filed by any other person representing the Republic of India , with respect to the
68
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
specified orders mentioned in column (2) of the Table, within a period of fifteen days from the date of the
receipt of such order.
Place...................
..............................................
Date....................
(Principal Commissioner/Commissioner of Income Tax)
To
(1)
The declarant
(2)
Assessing Officer
(3)
Concerned Appellate Forum .’.
[Notification No. 118/2021/F. No. 370142/47/2021-TPL]
NEHA SAHAY, Under Secy. (Tax Policy and Legislation)
Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, section-3,
sub-section (ii) vide number S.O. 969 (E) dated the 26th March, 1962 and were last amended vide
notification number G.S.R. 661(E), dated the 24th September, 2021.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
