TaxTMI 
TaxTMI 
Income-tax (31st Amendment) Rules, 2021. - Indirect transfer prior to 28th May, 2012 of assets situate in India
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed conditions under Explanation to fifth and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9.− (1) For the purposes of clauses (i), (ii) and (iii) of the Explanation to fifth and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9, the declarant shall furnish an undertaking in Form No. 1 and shall append the undertakings from all the interested parties in Part M of the Annexure to the undertaking in Form No. 1 and furnish all the attachments required to be furnished under any clause or Part thereof. (2) The conditions for the purposes of clause (iv) of the Explanation to fifth and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 shall be the following, namely: - (a) the declarant and all the interested parties shall irrevocably withdraw, terminate or discontinue all the appeals or applications or petitions or proceedings, against the relevant order or orders and furnish evidence thereof and a declaration in the undertaking in Form No. 1 to the effect that it shall not, under any circumstances, reopen or file any such appeal, application, petition or proceeding in future against the relevant ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....auses (a), (b), (c) or (d), including but not limited to any proceeding initiated by the Republic of India to set aside the award, order or judgement, or any other relief, referred to in clauses(a), (b), (c) or (d), issued in favour of the declarant or any of the interested parties; (f) the declarant and all the interested parties shall terminate, release, discharge, and forever irrevocably waive any right, whether direct or indirect, any remedies, claims, demands, liens, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys' fees, court's fees, expenses, damages, judgments, orders, compensation, and liabilities of whatever kind or nature at law, in equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or do exist or which hereafter can, shall or may exist, based on pursuit of any remedy or any and all claims, demands, damages, judgments, awards, costs, expenses, compensation or liabilities of any kind (whether asserted or unasserted), in relation to any facts, events, or omissions occurring at any time in relation to taxation of income referred ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....y India affiliate contrary to the undertaking, and that the declarant and all the interested parties shall furnish a copy of such public notice to the Republic of India . (3) The execution, delivery and performance of the undertaking in Form No. 1 submitted by the declarant, undertakings from all the interested parties in Part M of the Annexure to the undertaking in Form No. 1 and indemnity bond by the declarant and interested parties in Part N of the Annexure to the undertaking in Form No. 1 shall be duly authorised by all necessary corporate action, including but not limited to any board resolution or similar authorisation under applicable law and a copy of such board resolution and legal authorisation shall be furnished by the declarant. 11UF. Manner of furnishing undertaking under rule 11UE. − (1) The undertaking in Form No. 1 under sub-rule (1) of rule 11UE shall be submitted by the declarant to the jurisdictional Principal Commissioner or Commissioner within forty- five days from the date of commencement of the Income-tax (31st Amendment) Rules, 2021. (2) After the undertaking in Form No. 1 under sub- rule (1) of rule 11UE is furnished by the declarant, the jurisd....
X X X X Extracts X X X X
X X X X Extracts X X X X
....i) proceeding to enforce or pursue attachments in respect of any award, order or judgement or any other relief against the Republic of India or Indian affiliates, has been filed or notice thereof has been given by the declarant or any interested parties, the declarant and all such interested parties have irrevocably withdrawn all such appeals, applications, petitions, proceeding, arbitration, conciliation and mediation and no further appeal or application or petition or proceeding or arbitration or conciliation or mediation has been filed by the declarant or any such interested party against the Republic of India or any of the Indian Affiliates before the withdrawal of such arbitration, conciliation or mediation and evidence thereof has been furnished at the time of furnishing the undertaking in Form No. 1 referred to in sub-rule (1) of rule 11UE; and (c) where with respect to the relevant order or orders, any,- (i) appeals or applications or petitions or proceeding; (ii) the arbitration, conciliation or mediation; (iii) the proceeding to enforce or pursue attachments in respect of any award, order or judgement or any other relief against the Republic of India or Indian a....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... (6). (10) No order rejecting the undertaking in Form No. 1 under clause (b) of sub-rule (2) or declining relief under clause sub-rule (8), shall be passed by the Principal Commissioner or Commissioner without the approval of the Chief Commissioner. (11) For the purpose of rejecting the undertaking under clause (b) of sub-rule (2) or declining to grant relief under sub-rule (8), the Principal Commissioner or Commissioner shall intimate the reasons thereof to the declarant and give him an opportunity of submitting a renewed undertaking in Form No. 1 or renewed intimation in Form No. 3, as the case may be, within a further period not exceeding thirty days. (12) Where the renewed undertaking or renewed intimation is not filed within such further period under sub-rule (11), then, notwithstanding anything contained in any other provision of the rule 11UE and this rule, such undertaking or intimation shall be treated as invalid and the provisions of this rule shall apply as if such person had never furnished the undertaking in Form No. 1 or intimation in Form No. 3, as the case may be. (13) The extended period allowed under sub-rule (11) for submitting a renewed undertaking in Fo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ocedures specified under the Act, under the exclusive jurisdiction of the relevant income-tax authorities, tribunals or courts in India, as the case may be, which are empowered to decide disputes under the Act. (18) The Form Nos. 1, 2, 3 and 4 of Appendix IV shall be the Forms for the purposes of this rule and rule 11UE. Explanation: - For the purposes of this rule and rule 11UE, unless the context otherwise requires,- (a) "declarant" means the person in whose case a specified order has been passed or made, as the case may be; (b) "Indian affiliate" means any of departments, agencies, instrumentalities, public sector companies, and other entities of the Republic of India, owned or controlled, directly or indirectly, allegedly or in fact, by any thereof, as well as any officials, officers, directors, employees, attorneys, representatives, those providing financing, and agents of any of these persons, whether in India or in any other country or territory outside India; (c) "interested party" means the following, namely:- (i) all the companies or entities in the entire chain of holding of the declarant till the ultimate holding company or entity; (ii) any person to whom ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....llip;………….. …………………………………….. Sir/Madam, I………………………………..(name in block letters) son/ daughter of ………………… designation ……………..and nationality ………………..and related passport number………………. (hereinafter referred to as "signatory") having Permanent Account Number/Aadhaar Number (see Note 1)……………… on behalf of …………………….. (name of the declarant) having Permanent Account Number / Aadhaar number / Tax Deduction Account Number (see Note 2)……………………………………………….. and being duly authorised and competent to represent the declarant in this regard pursuant to Board Resolution and legal authorisation (see Note 3....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Interim Board for Settlement constituted under section 245AA or any tribunal or court against the relevant order or orders and all the appeals or applications or petitions or proceeding filed by the declarant have been disposed of and no further appeal or application or petition or proceeding has been filed by the declarant and evidence thereof is furnished herewith and hereby undertake that it shall not file any appeal, application, petition or proceeding in future against the relevant order or orders. Particulars of such appeals or applications or petitions or proceeding filed and disposed of, are provided in Part C of the Annexure; (iv) filed appeals or applications or petitions or proceeding before any Income-tax authority or Authority for Advance Rulings constituted under section 245-O of the Act or the Board for Advance Rulings under section 245-OB or Income-tax Settlement Commission constituted under section 245B or the Interim Board for Settlement constituted under section 245AA or any tribunal or court against the relevant orders and one or more of such appeals or applications or petitions or proceeding are pending as on the date of this undertaking and hereby undertakes....
X X X X Extracts X X X X
X X X X Extracts X X X X
....dia, whether for protection of investment or otherwise against the relevant order or orders and all the arbitration, conciliation or mediation filed by the declarant have been disposed of and no further proceeding has been initiated by the declarant and evidence thereof is furnished herewith. The declarant hereby undertakes that it shall not reopen in future any such proceeding or initiate or file any such arbitration, conciliation or mediation in future arising out of or in connection with the relevant order or orders. Particulars of such proceeding for arbitration, conciliation or mediation and notices given thereof, initiated and disposed of, are provided in Part E of the Annexure; (iv) initiated proceeding for arbitration, conciliation or mediation, or notices thereof has been given, under any law for the time being in force or under any agreement entered into by India with any other country or territory outside India, whether for protection of investment or otherwise against the relevant order or orders and one or more of such proceeding or notices are pending on the date of undertaking and hereby undertakes to irrevocably withdraw, terminate and discontinue any and all such ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....h award, order or judgment are provided in Part B of the Annexure; (ii) initiated proceeding to enforce or pursue attachments in connection with any awards, orders, judgements or any other relief that may have been ordered, issued or passed by any tribunal or court or other judicial, quasi-judicial or administrative authority in relation to the said arbitration, conciliation or mediation proceeding in favour of the declarant, as referred to in clause (c) of this undertaking against the Republic of India and any Indian affiliate. The declarant has irrevocably and with prejudice withdrawn or discontinued any such proceeding and hereby undertakes that it shall not reopen any such proceeding in future or file or initiate fresh proceeding to enforce or pursue attachments and evidence thereof is furnished herewith. Particulars of such proceeding, initiated and withdrawn or discontinued by the declarant, are provided in Part H of the Annexure; (iii) initiated proceeding to enforce or pursue attachments in connection with any awards, orders, judgements or any other relief that may have been ordered, issued or passed by any tribunal or court or other judicial, quasi-judicial or administra....
X X X X Extracts X X X X
X X X X Extracts X X X X
....h prejudice any and all such proceeding to enforce or pursue attachments in accordance with clause (e). (e) The declarant hereby undertakes as follows: (i) to irrevocably and with prejudice withdraw, discontinue, terminate and take all necessary steps to irrevocably and with prejudice close the pending proceeding referred in sub-clause (iv) of clause (b), sub-clause (iv) of clause (c), sub-clause (v) of clause (c) and sub-clause (iv) of clause (d) of this undertaking, as well as any other pending proceeding against India or Indian affiliates relating to the relevant order or orders and not referenced in clauses (b), (c) and (d) above, and not to pursue in any way and by any means in future the pending proceeding as referenced in clauses (b), (c), and (d) above, and any other pending proceeding relating to the relevant order or orders not referred in the above clauses and any other fresh proceeding relating to the relevant order or orders. In so acting, declarant shall act in accordance with this undertaking and in full cooperation with the Republic of India; (ii) to irrevocably terminate, release, discharge, and forever irrevocably waive any right, whether direct or indirect, an....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ribed in this undertaking are full and complete to the best of its knowledge. (g) The declarant hereby undertakes to irrevocably terminate, release, discharge, and forever irrevocably waive any right, whether direct or indirect, and any remedies, claims, demands, liens, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys' fees, court's fees, expenses, damages, judgments, orders, compensation, and liabilities of whatever kind or nature at law, in equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or do exist or which hereafter can, shall or may exist, based on pursuit of any remedy or any and all claims, demands, damages, judgments, awards, costs, expenses, compensation or liabilities of any kind (whether asserted or unasserted) in relation to any facts, events, or omissions occurring from the beginning of time to the date of this undertaking and thereafter in future in relation to taxation of said income or relevant order or orders, or any related award, judgment or court order, which may otherwise be available to the declarant under any law ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nection with the relevant order or orders; and (iii) irrevocable withdrawal of all pending proceeding as outlined in this undertaking, no other claim regarding the said relevant order or orders referenced above, or any related award, judgment, or court order, shall remain outstanding against the Republic of India or any Indian affiliates. To avoid any doubt, the declarant's indemnity of releasees under this clause shall include any claim brought by any third party alleging that it has obtained the declarant's claims under an award, judgement or court order or the relevant order or orders. An indemnity bond to this effect is attached in Part N of the undertaking. (j) For the removal of any doubt, the declarant fully assumes the risk through the indemnity in clause (i) of any omission or mistake with respect to securing releasees against any related claim by any person. If the declarant fails to obtain any release from such person, the declarant warrants that it will indemnify the Republic of India or any Indian affiliates from any defense costs, court costs, and damages. An indemnity bond to the effect of clause (i) and (j) is annexed to the undertaking. (k) The declarant furt....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s undertaking(including but not limited to the issuance of the indemnity described in clauses (i) and (j)under applicable law; (ii) the execution, delivery and performance of this undertaking(including but not limited to the issuance of the indemnity described in clause(i) and (j)has been duly authorised by all necessary corporate action, including but not limited to any board resolution or similar authorisation under applicable law (see Note 3); (iii) this undertaking constitutes the legal, valid and binding obligation of the declarant, enforceable against the declarant in accordance with its terms; (iv) such authorisations described in the above sub-clauses (i), (ii) and(iii) are effective under applicable law, and to this end, letters from local counsel in the relevant jurisdictions are attached to this undertaking which confirm the legality of such authorisations under applicable law. (n) The declarant confirms that by submitting the present undertaking, it fulfills the conditions specified in the Explanation below the sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9. (o) The details of the bank account in which the refund may be credited are....
X X X X Extracts X X X X
X X X X Extracts X X X X
....payer Identification Number are to be provided where Permanent Account Number or Aadhaar Number or Tax Deduction Account Number of the declarant are not available. 3. The Board Resolution or legal authorisation, as referred to in clause (m) of the undertaking shall, among other things: (a) record the signatory's power and authority to give the undertaking on behalf of the declarant; and (b) record the declarant's power and authority to indemnify defend and hold harmless the Republic of India and the Indian affiliates in accordance with clause (i) of the undertaking) VERIFICATION Verified that the contents of this undertaking are true to the best of my knowledge and belief. No part of the undertaking is false and nothing has been concealed or misstated therein. Verified at place on this the day of month ____,_year. Place: …………….. Date: …………….. Signature ……………………………….. Annexure Part A- Particulars of the relevant order or orders: Sr. No. Assess-ment Year or Finan-cial year Income- tax Autho-rity passing the order De....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion constituted under section 245B or the Interim Board for Settlement constituted under section 245AA or any tribunal or court before whom such appeals or applications or petitions or proceeding has been filed Date of filing the appeals or applications or petitions or proceeding Date of disposing of or withdrawal such appeals or applications or petitions or proceeding (Please attach a copy of order by the Income- tax authority or Authority for Advance Rulings constituted under section 245-O of the Act or the Board for Advance Rulings under section 245-OB or Income- tax Settlement Commission constituted under section 245B or the Interim Board for Settlement constituted under section 245AA or any tribunal or court accepting the withdrawal or disposing of) (1) (2) (3) (4) (5) (6) Part D - Particulars of the appeals or applications or petitions or proceeding under sub-clause (iv) of clause (b) of the undertaking: Sr. No. Sl. No. in Part A where the relevant order is mentioned Nature of appeals or applications or petitions or proceeding Income-tax authority or Authority for Advance Rulings constituted under section 245-O of the Act or the Board for Advance Rulings under ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....c) of the undertaking: Sr. No. Sl. No. in Part A where the relevant order is mentioned Nature of such award, order or judgement or any other relief Particulars (including the name of the country) where proceeding related to such award, order, judgement or any other relief were held Date of such award, order, judgement or any other relief along with reference number Status of the award, order, judgement or any other relief (1) (2) (3) (4) (5) (6) Part H - Particulars of the proceeding to enforce any award, order or judgement or any other relief under sub-clause (ii) and (iii) of clause (d) of the undertaking: Sr. No. Sl. No. in Part A where the relevant order is mentioned Nature of procee-ding to enforce such award, order or judgement or any other relief Particulars (including the name of the country) where such procee-ding to enforce any award, order or judge-ment or any other relief are taking place Date of filing procee-ding to enforce any award, order or judge-ment or any other relief Nature of such award, order or judge-ment or any other relief (Attach copy thereof) Status of the procee-ding to enforce such award, order or judge-ment or any other relief ....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., I………………………………..(name in block letters) son/ daughter of ………………… designation ……………..and nationality ………………..and related passport number………………. (hereinafter referred to as "signatory") having Permanent Account Number/Aadhaar Number (see Note 1)………………………… on behalf of …………………….. (name of the interested party) having Permanent Account Number / Aadhaar number / Tax Deduction Account Number (see Note 2) ……………………………….. and being duly authorised and competent to represent the interested party in this regard pursuant to Board Resolution and legal authorisation (see Note 3), as the case may be , hereby declare as follows: (a) The particulars of specified orders that have been passed or made in respect of income accruing or arising thr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ituted under section 245B or the Interim Board for Settlement constituted under section 245AA or any tribunal or court against the relevant order or orders and all the appeals or applications or petitions or proceeding filed by the interested party have been disposed of and no further appeal or application or petition or proceeding has been filed by the interested party and evidence thereof is furnished herewith and hereby undertake that it shall not file any appeal, application, petition or proceeding in future against the relevant order or orders. Particulars of such appeals or applications or petitions or proceeding filed and disposed of, are provided in Part MC of the Annexure; (iv) filed appeals or applications or petitions or proceeding before any Income-tax authority or Authority for Advance Rulings constituted under section 245-O of the Act or the Board for Advance Rulings under section 245-OB or Income-tax Settlement Commission constituted under section 245B or the Interim Board for Settlement constituted under section 245AA or any tribunal or court against the relevant order or orders and one or more of such appeals or applications or petitions or proceeding are pending....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ded in Part ME of the Annexure; (iii) initiated proceeding for arbitration, conciliation or mediation, or notices thereof has been given, under any law for the time being in force or under any agreement entered into by Republic of India with any other country or territory outside India, whether for protection of investment or otherwise against the relevant order or orders and all the arbitration, conciliation or mediation filed by the interested party have been disposed of and no further proceeding has been initiated by the interested party and evidence thereof is furnished herewith. The interested party hereby undertakes that it shall not reopen in future any such proceeding or initiate or file any such arbitration, conciliation or mediation in future arising out of or in connection with the relevant order or orders. Particulars of such proceeding for arbitration, conciliation or mediation and notices given thereof, initiated and disposed of, are provided in Part ME of the Annexure; (iv) has initiated proceeding for arbitration, conciliation or mediation, or notices thereof has been given, under any law for the time being in force or under any agreement entered into by Republi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....proceeding to enforce or pursue attachments in connection with any awards, orders, judgements, or any other relief that may have been ordered, issued or passed by any tribunal or court or other judicial, quasi-judicial or administrative authority in relation to the said arbitration, conciliation or mediation proceeding in favour of the interested party as referred in clause (c) of this undertaking either against the Republic of India and any Indian affiliate, and hereby undertakes that it shall not initiate any such proceeding in future. Particulars of such award, order or judgment are provided in Part MB of the Annexure; (ii) initiated proceeding to enforce or pursue attachments in connection with any awards, orders, judgements or any other relief that may have been ordered, issued or passed by any tribunal or court or other judicial, quasi-judicial or administrative authority in relation to the said arbitration, conciliation or mediation proceeding in favour of the interested party, as referred to in clause (c) of this undertaking against the Republic of India and any Indian affiliate. The interested party has irrevocably and with prejudice withdrawn or discontinued any such pr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rt or other authority which remain outstanding against India and any Indian affiliate. The interested party further undertakes to fully cooperate with the Republic of India or any Indian affiliate which is subject to such outstanding order, in order to set-aside or otherwise nullify any such outstanding order, and irrevocably and with prejudice waives any rights or remedies arising from such outstanding order. Particulars of such proceeding, are provided in Part MI of the Annexure. Particulars of any such proceeding, to enforce or pursue attachments in connection with any awards, orders, judgements, or any other relief, which are not covered by the sub-clauses (i) and (ii), are also provided in Part MI of the Annexure. The interested party also undertakes to irrevocably withdraw, terminate and discontinue with prejudice any and all such proceeding to enforce or pursue attachments in accordance with clause (e) below; (e) The interested party hereby undertakes as follows: - (i) to irrevocably and with prejudice withdraw, discontinue, terminate and take all necessary steps to irrevocably and with prejudice close the pending proceeding referred in sub-clause (iv) of clause (b), sub-....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tstanding order, and irrevocably and with prejudice waives any rights or remedies arising from such outstanding order. For further avoidance of doubt, the interested party also undertakes to irrevocably waive any right to seek or pursue any claim for costs in respect of any proceeding initiated by Republic of India and any Indian Affiliate to set aside such award, order or judgement ordered, issued or passed in favour of the interested party. Such irrevocable waiver includes, but is not limited to, any right under any relevant ex-parte order; (iii) to irrevocably waive any right to seek or pursue any claim for costs in respect of any proceeding initiated by the Republic of India to set aside such award, order or judgement, or any other relief issued in favour of the interested party. (f) The interested party specifically represents that all Parts of the Annexure as described in this undertaking are full and complete to the best of its knowledge. (g) The interested party hereby undertakes to irrevocably terminate, release, discharge, and forever irrevocably waive any right, whether direct or indirect, and any remedies, claims, demands, liens, actions, suits, causes of action, ob....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... date of furnishing this undertaking, the interested party shall indemnify, defend and hold harmless such releasee from and against any and all costs, expenses (including attorneys' fees and court's fees), interest, damages, and liabilities of any nature arising out of or in any way relating to the assertion or, bringing, filing or maintaining of such claim. The interested party specifically represents that, to the best of its knowledge, after (i) the execution of this undertaking; (ii) the execution of any separate related undertaking by any other party in connection with the relevant order or orders; and (iii) irrevocable withdrawal of all pending proceeding as outlined in this undertaking, no other claim regarding the said relevant order or orders referenced above, or any related award, judgment, or court order, shall remain outstanding against the Republic of India or any Indian affiliate. To avoid any doubt, the interested party's indemnity of releasees shall include any claim brought by any third party alleging that it has obtained the interested party's claims under an award, judgement or court order or the relevant order or orders. An indemnity bond to this effect i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ill not take any action or initiate any proceeding or bring any claim based on that. (l) The interested party confirms that the undertakings given herein are intended to be enforceable by the Republic of India, including so as to secure the irrevocable waiver, withdrawal or discontinuance (as appropriate) of all the proceeding and claims referred to in any of the clauses of this undertaking. (m) The interested party represents and warrants that: (i) it has full legal power and authority to execute and deliver this undertaking (including but not limited to the issuance of the indemnity described in clauses (i) and (j) under applicable law; (ii) the execution, delivery and performance of this undertaking (including but not limited to the issuance of the indemnity described in clause (i) and (j) has been duly authorised by all necessary corporate action, including but not limited to any board resolution or similar authorisation under applicable law (see Note 3); (iii) this undertaking constitutes the legal, valid and binding obligation of the interested party, enforceable against the interested party in accordance with its terms; (iv) such authorisations described in the abo....
X X X X Extracts X X X X
X X X X Extracts X X X X
...._____ on this the __day__ of__ month ,___year _____. Place: …………….. Date: …………….. Signature ……………………………….. Annexure Part MA- Particulars of the relevant order or orders: Sl. No. Assessment Year or Financial year Income-tax Authority passing the order Details of the order under consideration Nature of interest of the interested party Section and sub-section of the Income-tax Act, 1961 Date of order (1) (2) (3) (4) (5) (6) Part MB- Particulars of the relevant order or orders covered by sub-clause (i) of clauses (b), (c) and (d) of the undertaking: Sl. No. Sl. No. in Part MA where the relevant order is mentioned No appeal or application or petition or proceeding before any Income-tax authority or Authority for Advance Rulings constituted under section 245-O of the Act or the Board for Advance Rulings under section 245-OB or Income-tax Settlement Commission constituted under section 245B or the Interim Board for Settlement constituted under section 245AA or any tribunal or court has been filed(refer clause (b)(....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e of appeals or applications or petitions or proceeding Income-tax authority or Authority for Advance Rulings constituted under section 245-O of the Act or the Board for Advance Rulings under section 245-OB or Income- tax Settlement Commission constituted under section 245B or the Interim Board for Settlement constituted under section 245AA or any tribunal or court before whom such appeals or applications or petitions or proceeding has been filed Date of filing the appeals or applications or petitions or proceeding (1) (2) (3) (4) (5) Part ME - Particulars of the proceeding for arbitration, conciliation or mediation, or notices under sub- clause (ii) and (iii) of clause (c) of the undertaking: Sl. No. Sl. No Part MA where the relevant order is mentioned Nature of proceeding for arbitration, conciliation or mediation, or notices thereof with case number or Notice given Particulars (Including the name of the country) where such proceeding for arbitration, conciliation or mediation are pending or notices thereof have been issued Date of initiating the proceeding for arbitration, conciliation or mediation/ issue of notice Name of the agreement entered into by India unde....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... or any other relief Nature of such award, order or judge-ment or any other relief (Attach copy thereof) Status of the procee-ding to enforce such award, order or judgement or any other relief Date of disposing of/ withd-rawal of proceeding to enforce such award, order or judgement or any other relief (Please attach a copy of evidence of such disposing of or withd-rawal, including order of the Court or other judicial authority) (1) (2) (3) (4) (5) (6) (7) (8) Part MI - Particulars of the proceeding under sub-clause (iv) of clause (d) of the undertaking: Sl. No. Sl. No. in Part MA where the relevant order is mentioned Nature of proceeding to enforce such award, order or judgement or any other relief Particulars (Including the name of the country)where such proceeding to enforce any award, order or judgement or any other relief are taking place Date of filing proceeding to enforce any award, order or judgement or any other relief Nature of such award, order or judgement or any other relief (Attach copy thereof) Status of the proceeding to enforce such award, order or judgement or any other relief (1) (2) (3) (4) (5) (6) (7) Part N INDEMNITY BOND This I....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the undertaking, and securing the Republic of India and Indian affiliates from any claim related to any relevant order or orders, or in relation to any award, order, judgment, or any other relief or to the dispute underlying the award against the Republic of India or Indian affiliates in connection with the relevant order or orders. D. Accordingly the declarant or interested party, as the case may be, is executing this Indemnity Bond in favor of the Republic of India on the terms appearing hereunder. NOW THIS INDEMINTY BOND WITNESSETH AS FOLLOWS: 1. In the event that any person or entity asserts, brings, files or maintains any claim against any releasee at any time on or after the date of furnishing this undertaking, related to any relevant order or orders, or in relation to any award, order, judgment, or any other relief, or to any dispute underlying the award, against the Republic of India or Indian affiliates in connection with the relevant order or orders, the declarant or interested party, as the case may be, shall indemnify, defend and hold harmless such releasees from and against any and all costs, expenses (including attorney fees and court fees), interest, damages, and....
X X X X Extracts X X X X
X X X X Extracts X X X X
....count Number of the declarant or interested party, as the case may be, are not available. 3. The Board Resolution or legal authorisation, as referred to in clause (m) of the undertaking shall, among other things: (a) record the signatory's power and authority to give the undertaking on behalf of the declarant or interested party, as the case may be; and (b) record the declarant or interested party's power and authority, as the case may be, to indemnify defend and hold harmless the Republic of India and the Indian affiliates in accordance with clause (i) of the undertaking) FORM NO. 2 [See rule 11UF] Form for Certificate Under sub - rule (2) of rule 11UF < Name of the declarant > Address of the declarant Sir / Madam 1. The ……………………………… (name of the declarant) (hereinafter referred to as the declarant) with Permanent Account Number/ Aadhaar number / Tax Deduction Account Number/ Company Identification Number and Taxpayer Identification Number………………………………………………&helli....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ellip;………………… Date ………………… (Principal Commissioner/Commissioner of Income Tax) FORM NO. 3 [See rule 11UF] Intimation for Withdrawal under sub-rule (3) of rule 11UF of the Income- tax Rules, 1962 To, The Principal Commissioner/Commissioner …………………………………….. …………………………………….. Sir/Madam, I………………………………..(name in block letters) son/ daughter of ………………… designation ……………..and nationality ………………..and related passport number………………. (hereinafter referred to as "signatory") having Permanent Account Number/Aadhaar Number ………………………(see Note 1) on behalf of …………....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e undertaking and such Board resolution or legal authorisation shall, among other things: (c) record the signatory's power and authority to give the undertaking on behalf of the interested party; and (d) record the interested party's power and authority to indemnify defend and hold harmless the Republic of India and the Indian affiliates in accordance with clause (i) of the undertaking) Form No. 4 [See rule 11UF] Order by Principal Commissioner or Commissioner under sub-rule (7) of rule 11UF of the Income -tax Rules, 1962 Whereas…………………………………………………………………..(Name and Permanent Account Number/Aadhaar number/ Tax Deduction Account Number/ Company Identification Number and Taxpayer Identification Number of the declarant) (hereinafter referred to as declarant) had furnished undertaking under clause (a) of the rule 11UE, which was received on ….(Date); and whereas Form No. 2 dated ………………………………………&h....