TaxTMI 
TaxTMI 
Form of application for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961
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.... purpose or purposes of the arrangement (iii) details of the other parties to the arrangement in the following format: S.No. Name of the other party(ies) to the arrangement Whether resident in India Permanent Account Number and Aadhaar Number (if applicable) Role of such party in arrangement Relationship with other party(ies) to the arrangement Tax benefit arising to the other party(ies), if any 15. The tax benefit which is likely to arise out of arrangement, if undertaken 16. Assessment year, or years during which the tax benefit as indicated in item No. 15 is likely to arise (give year wise breakup) 17. Questions(s) relating to the proposed arrangement on which the advance ruling is required referred to in item No. 14 18. Statement of the relevant facts having a bearing on the item No. 14 19. Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the aforesaid arrangement 20. List of documents or statements attached 21. Fee payment details, such as Transaction Reference No./ Challan Identification Number/ Payment Identification Number etc., accompanying the application 22. Name and addressof aut....
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....ndred and sixty-five days or more. However, the period of sixty days is increased to one hundred and eighty-two days in the case of a citizen of India or a person of Indian origin who has been outside India and comes on a visit to India or a citizen of India who leaves India for purposes of employment outside India, or as a member of the crew of an Indian ship. Further, in the case of a person who is a citizen of India or a person of Indian origin who has been outside India and comes to a visit to India, the aforementioned period of sixty days is increased to one hundred and twenty days if the total income of such person, other than income from foreign sources, exceeds fifteen lakh rupees during the relevant previous year. Furthermore, irrespective of the above mentioned conditions, an individual, who is a citizen of India and has total income, other than the income from foreign sources, exceeding fifteen lakh rupees will be deemed to be a resident if he is not liable to tax in any other country or territory due to his domicile or residence or any other criterion. An association of persons or a Hindu undivided family or firm is resident in India in every case except where the con....
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....any 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 ; and (II) furnished through its registered e-mail address; (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-mail address; (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-mail address; (f) in the case of any other person,-- (I) signed or digitally signed by that person or by some person competent to act on his behalf; and (II) furnished through his registered e-mail address. ANNEXURE I Statement of the relevant facts having a bearing on the question(s) on which the advance ruling is required ....................................
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....ax benefit arising to the other party(ies), if any (1) (2) (3) (4) (5) (6) (7) 10. The tax benefit which is likely to arise out of arrangement, if undertaken. 11. Assessment year or years during which the tax benefit as indicated in item No. 10 is likely to arise (give year-wise break-up) 12. Question(s) relating to the proposed arrangement on which the advance ruling is required. 13. Statement of the relevant facts having a bearing on the item No. 12. 14. Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the aforesaid arrangement. 15. List of documents or statements attached. 16. Particulars of account payee demand draft accompanying the application 17. Name and address of authorised representative in India, if ------------------------------ Signed (Applicant) Verification I, ....................................................................................[name in full and in block letters] son/daughter/wife of.................................................. do hereby solemnly declare that to the best of my knowledge and belief what is stated above and in the annexure(s), including the doc....
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....e crew of an Indian ship. An association of persons or a Hindu undivided family is resident in India in every case except where the control and management of its affairs is situated wholly outside India. A company is resident in India, if it is an Indian company or the control and management of its affairs is situated wholly in India. A person who is not resident in India as above, is non-resident in India. 8. Regarding item No.12, the question(s) should be based on actual or proposed arrangements. Hypothetical questions shall not be entertained. 9. In respect of item No. 13, in Annexure I, the applicant shall state in detail the relevant facts and also disclose the nature of his business or profession and the likely date and purpose of the proposed arrangement(s). Relevant facts reflected in documents submitted along with the application shall be included in the statement of facts and not merely incorporated by reference. 10. For item No.14, in Annexure II, the applicant shall clearly state his interpretation of law or facts in respect of the question(s) on which the advance ruling has been sought. 11. The application, the verification appended thereto, the annexures to the....
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....___ Date _____________ Signed (Applicant)" 5. Substituted vide NOTIFICATION NO. 37/2023 dated 12-06-2023 before it was read as, "4[FORM No. 34EA [See rule 44E] Form of application 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 ...... 1. Full name and address of the applicant 2. Telephone, Fax No. and email address 3. Status 4. The Commissioner and Assessing Officer having jurisdiction over the applicant 5. Permanent Account Number or Aadhaar Number 6. Particulars of the appeal number and date of appeal before the CIT(A) or the Tribunal wherever applicable 7. Assessment year, date of assessment order and section under which the original order was passed by the Assessing Officer wherever applicable (enclose copy of the assessment order and appellate order) 8. Questions of law or of fact involved on which the advance ruling is required 9. Statement of the relevant facts having a bearing on the aforesaid questions 10. Statement containing the applicant's interpretation of law or facts, as....
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....uments 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; and (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 fo....