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[भागII—खण् ड 3(i)]
भारत का रािपत्र : ऄसाधारण
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MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 30th April, 2021
G.S.R. 301(E).—In exercise of the powers conferred by sub-section (1) of section 245M 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 Income-tax Rules, 1962, namely:-
1.
Short title and commencement.- (1) These rules may be called the Income-tax (12th Amendment) Rules,
2021.
(2) They shall come into force from the date of its publication in the Official Gazette.
2.
In the Income-tax Rules, 1962 (hereinafter referred to as the principal rules), after rule 44D, the following
rule shall be inserted, namely:—
“44DA. Exercise of option under sub-section (1) of section 245M and intimation thereof.- (1) The exercise of
option by an assessee to withdraw his pending application under sub-section (1) of section 245M shall be in Form No.
34BB.
(2) Form No. 34BB shall be verified by the person who is authorised to verify the return of income of the assessee
under section 140.
(3) Form No. 34BB shall be furnished electronically in accordance with the procedures, formats and standards
specified by the Principal Director-General of Income-tax (Systems) or Director-General of Income-tax (Systems),
as the case may be, and thereafter signed printout of the said form shall be uploaded in the manner specified by the
Principal Director-General of Income-tax (Systems) or Director-General of Income-tax (Systems), as the case may
be, under sub-rule (4).
(4) The Principal Director-General of Income-tax (Systems) or Director-General of Income-tax (Systems), as the
case may be, shall specify the procedures, formats and standards for the purposes of furnishing and verification and
manner of uploading of Form No. 34BB.”.
3.
In the principal rules, in Appendix-II, after Form No. 34BA, the following Form shall be inserted, namely:—
“FORM No. 34BB
[See rule 44DA]
Exercise of option to withdraw pending application under sub-section (1) of section 245M of the Income-tax
Act, 1961
To,
The Assessing Officer,
…………………........ ...............
Sir/Madam,
I,
……………....................................……………,
having
Permanent
Account
Number
(PAN)
………………….....................…… / Aadhaar Number …………………. do hereby intimate the exercise of option to
withdraw my application for settlement made under section 245C of the Income-tax Act, 1961 (hereinafter referred to
as the Act) on …………………..… vide number …………………….. at ………………………..…. Bench.
2.
I do hereby affirm that the aforesaid application was not declared invalid under sub-section (2C) of section
245D of the Act and no order under sub-section (4) of section 245D of the Act was issued on or before the
31st January, 2021 with respect to such application.
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THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(i)]
Verification
I, ……………………… (full name in block letters), son/daughter of …………….. (name of father) solemnly declare
that to the best of my knowledge and belief, the information given above is correct.
I further declare that I am furnishing this intimation in my capacity as ………………… and I am also competent
under section 140 of the Act to verify it.
Place:
Date:
Yours faithfully,
Signature …………….……………….
Name…………………………………
Designation………………………….
Address…………………….……… . ”.
[Notification No. 40/2021][F.No. 370142/8/2021-TPL]
RAJESH KUMAR BHOOT, Jt. Secy. (Tax Policy and Legislation)
Note:- The principal rules were published vide notification S.O. 969 (E), dated the 26th March, 1962 and last
amended vide notification G.S.R. 291(E), dated the 26th April, 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.
