CBDT vide Notification No. 49/2022 dated 05.05.2022 in G.S.R. 339(E) through Income-tax (Twelfth Amendment) Rules, 2022 amended Rule 44E of the Income-tax Rules, 1962 (‘Rules’) and substituted the forms “Form No. 34C to Form No. 34EA”.
In order to ensure faster disposal of cases, the Finance Act, 2021 replaces the Authority for Advance Rulings with a Board for Advance Rulings. It also provides for an appeal against the order of such Board to the High Court.
The scheme of Advance Rulings was incorporated in the Income-tax Act, 1961 (‘Act’) vide the Finance Act, 1993 by inserting a new Chapter XIX-B.
The posts of Chairman and Vice-Chairman of the Advance Rulings Authority have remained vacant for a long time due to the non-availability of eligible persons. This has seriously hampered the working of AAR and a large number of applications are pending for the last many years.
Hence, Finance Act, 2021 had constituted a Board of Advance Ruling to replace the Authority for Advance Rulings. CBDT vide Notification No. 96/2021 dated 01.09.2021 notifies the constitution of the Board of Advance Ruling.
Rule 44E prescribes rules for filing an application for obtaining an advance ruling by an eligible person. The Board has amended Rule 44E and also substituted Form No. 34C to Form No. 34EA in view of amendments made in the Act related to advance rulings.
The requirement of tiling of application in quadruplicate has been dispensed with. Further, the application form needs to be digitally signed where the return of income is mandatorily required to furnish under a digital signature.
Read the full text of CBDT Notification No. 49/2022 dated 05.05.2022 on Substituted Forms for Advance Ruling
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 5th May, 2022
G.S.R. 339(E).—In exercise of the powers conferred by the section 245Q read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend Income-tax Rules, 1962, namely: –
1. Short title and commencement. - (1) These rules may be called the Income-tax (Twelfth Amendment) Rules, 2022.
(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 the said rules), in rule 44E,–
(I) in sub-rule (1), the words “in quadruplicate” shall be omitted;
(II) for sub-rule (2), the following sub-rule shall be substituted, namely:–
“(2) The application referred to in sub-rule (1), the verification appended thereto, the annexures to the said application and the statements and documents accompanying the annexures, shall be,—
(a) in the case of an individual,—
(I) signed digitally, if he is required under these rules to furnish his return of income under digital signature,––
(i) by the individual himself; or
(ii) where, for any unavoidable reason, it is not possible for the individual to sign the application, by any person duly authorised by him in this behalf :
Provided that in a case referred to in sub-clause (ii), the person signing the application holds a valid power of attorney from the individual to do so, which shall be attached to the application ; or
(II) communicated through his registered e-mail address, in any other case;
(b) in the case of a Hindu undivided family,—
(I) signed digitally, if it is required under these rules to furnish his return of income under digital signature,––
(i) by the karta thereof; and
(ii) where, for any unavoidable reason, it is not possible for the karta to sign the application, by any other adult member of such family; or
(II) communicated through its registered e-mail address, in any other case;
(c) in the case of a company, digitally signed,—
(i) by the Managing Director thereof; or where for any unavoidable reason such Managing Director is not able to sign and verify the application, or where there is no Managing Director, by any Director thereof ;
(ii) where, for any unavoidable reason, it is not possible for the Managing Director or the Director to sign the application, by any person duly authorised by the company in this behalf :
Provided that in the case referred to in sub-clause (ii), the person signing the application holds a valid power of attorney from the company to do so, which shall be attached to the application ;
(d) in the case of a firm,
(I) signed digitally, if it is required under these rules to furnish his return of income under digital signature,––
(i) by the managing partner thereof; and
(ii) where for any unavoidable reason such managing partner is not able to sign and verify the application, or where there is no managing partner as such, by any partner thereof, not being a minor ;
(II) communicated through its registered e-mail address, in any other case;
(e) in the case of an association of persons,––
(I) signed digitally, if it is required under these rules to furnish his return of income under digital signature, by any member of the association or the principal officer thereof; or
(II) communicated through its registered e-mail address, in any other case;
(f) in the case of any other person,––
(I) signed digitally, if it is required under these rules to furnish his return of income under digital signature, by that person or by some other person competent to act on his behalf; or
(II) communicated through his registered e-mail address, in any other case.‖;
3. In the said rules, in Appendix-II, for the forms “FORM No. 34C to FORM No. 34EA”, the following forms shall be substituted, namely:–
“FORM No. 34C
[See rule 44E]
[Form of application by a non-resident applicant] for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961
(PLEASE READ THE NOTES CAREFULLY BEFORE FILLING THIS FORM)
BEFORE THE BOARD FOR ADVANCE RULINGS
Application No. ................. of ......
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