CBDT vide Notification No. 37/2023 in G.S.R. 432(E) dated 12.06.2023 amended Rule 44E of the Income-tax Rules, 1962 (‘Rules’) and notified various modified application forms for obtaining advance rulings in accordance with the provisions of section 245Q of the Income-tax Act, 1961 (‘Act’).
The amendment to Rule 44E prescribes the mode and authorised signatory of the Application for different persons, i.e. individual, HUF, company, firm, AOP, etc. Further, the amendment prescribes furnishing of application forms through the applicant’s registered e-mail address.
Prior to the amendment, the persons who were required to digitally sign their returns of income were mandatorily required to furnish the application for advance ruling under their digital signature.
Now, application forms can be furnished through the applicant’s registered e-mail address. Thus, the mandatory requirement of the digital signing of applications for Advance Rulings is eliminated.
Further, Form No. 34C, Form No. 34D, Form No. 34DA, Form No. 34E and Form No. 34EA have been amended accordingly.
In addition to Rule 44E, the CBDT has also amended Rule 44F of the Rules. Rule 44F deals with obtaining a certified copy of the advance rulings pronounced by the Authority for Advance Rulings. This Authority is now replaced with Board for Advance Rulings. Rule 44F still uses advance rulings of the ‘Authority’ and hence it is amended to replace the word “Authority” with the word “Board” to refer to the advance rulings of the Board for Advance Rulings.
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CBDT has also revised 5 application forms for obtaining advance rulings in Form No. 34C to Form No. 34EA as table below-
Read the full text of CBDT Notification No. 37/2023 dated 12.06.2023 on Rule 44E and Application Forms for Advance Rulings
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 12th June, 2023
G.S.R. 432(E).—In exercise of the powers conferred by section 245Q read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend Income-tax Rules, 1962, namely:
1. Short title and commencement.–– (1) These rules may be called the Income-tax (Ninth Amendment) Rules, 2023.
(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, 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 or digitally signed,––
(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; and
(II) furnished through his registered e-mailaddress;
(b) in the case of a Hindu undivided family,—
(I) signed or digitally signed,––
(i) by the karta thereof; or
(ii) where, for any unavoidable reason, it is not possible for the kartato sign the application, by any other adult member of such family; and
(II) furnished through its registered e-mailaddress;
(c) in the case of a company, —
(I) signed or 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; or
(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 thisbehalf:
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; and
(II) furnished through its registered e-mailaddress;
(d) in the case of a firm, —
(I) signed or digitally signed,––
(i) by the managing partner thereof; or
(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; and
(II) furnished through its registered e-mailaddress;
(e) in the case of an association of persons,––
(I) signed or digitally signed by any member of the association or the principal officer thereof; and
(II) furnished through its registered e-mailaddress;
(f) in the case of any other person,––
(I) signed or digitally signed by that person or by some other person competent to act on his behalf; and
(II) furnished through his registered e-mailaddress.
3. In the said rules, in rule 44F,—
(i) in the marginal heading, for the word “Authority”, the word “Board” shall be substituted;
(ii) for the word “Authority” at both the places where they occur, the word “Board” shall be substituted, in both places.
4. 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
….
FORM No. 34D
[See rule 44E]
Form of application by a resident applicant for seeking an advance ruling in relation to a transaction undertaken or proposed to be undertaken by him with a non-resident, under section 245Q(1) of the Income-tax Act, 1961
….
FORM No. 34DA
[See rule 44E]
Form of application by a resident applicant for seeking an advance ruling, in relation to a transaction which has been undertaken or is proposed to be undertaken, under section 245Q(1) of the Income-tax Act, 1961
……
FORM No. 34E
[See rule 44E]
Form of application by a resident falling within such class or category of persons as notified by Central Government for obtaining an advanceruling under section 245Q(1) of the Income-tax Act,1961
…..
FORM No. 34EA
[See rule 44E]
Form of application by a person for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961
……
[Notification No. 37/2023 F.No. 370142/62/2021-TPL(Part-III)]
PRAJNA PARAMITA, Director
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 26 th March, 1962 and were last amended vide notification No. G.S.R. 403 (E), dated the 31st May, 2023.
Download CBDT Notification No. 37/2023 dated 12.06.2023 on Rule 44E and Application Forms for Advance Rulings in PDF format
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