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Form 53- Form for filing particulars of past years for calculating relief in tax payable under section 206(1) of the Income-tax Act, 2025.
Name of form as per I.T. Rules, 1962 | 3CEEA | Name of form as per I.T. Rules, 2026 | 53 |
Corresponding section of I.T. Act, 1961 | 92CE | Corresponding section of I.T. Act, 2025 | 170 |
Corresponding Rule of I.T. Rules, 1962 | 10RB | Corresponding Rule of I.T. Rules, 2026 | 118 |
Purpose:
Taxpayers were facing hardships due to incremental minimum alternate tax (MAT) arising from incremental income required to be recorded pursuant to Advance Pricing Agreement (APA), or due to a secondary adjustment. In this regard, relief was granted vide the Finance Act, 2021, wherein, the taxpayer, impacted due to secondary adjustments/APA related adjustments for past year(s), can make an application under a prescribed form to recompute the book profits and, consequently, MAT liability. The Central Board of Direct Taxes (CBDT) notified Rule 10RB in the Income-tax Rules, 1962, governing the computation mechanism for aforementioned relief. The notification prescribes Form No. 3 CEEA (now Form 53), which is required to be filed by the taxpayer to claim such relief. Form 53 is filed under Rule 118 of the Income-tax Rules, 2026. This Form must be verified by the person who is authorised to verify the taxpayer’s return of income.
Who Should File:
Any taxpayer who is subject to the minimum alternate tax (MAT) payable in a year in which transfer pricing (TP) adjustments are made for past years (i.e., additional income is included in the books of account) following the conclusion of an Advance Pricing Agreement (APA) or a secondary adjustment.
Further, to seek the MAT relief under sub-section 206(1) of the Income-tax Act, 2025 (the Act) it is provided that –
Frequency & Due Dates:
Required to be filed by Applicant, in a Financial Year (FY) when there is an increase in book profit of the FY due to the income of past year(s) included in the book profit on account of an Advance Pricing Agreement (APA) entered by the taxpayer or secondary adjustment required under the Act.
Structure of Form 53:
⮚ Part A: Particulars of the Person
⮚ Part B: Other Details:
What are the documents required to file the Form 53?
No specific documents required
What is the process flow of filing Form 53?
The process flow includes following steps:
Outcome of Processed Form 53:
Brief note on broad or qualitative changes proposed:
Challenges and Solutions:
Common Changes made across Forms:
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