9911796707
TMI BlogForm of application for obtaining an advance ruling under section 245Q(1) of the Income tax Act, 1961X X X X Extracts X X X X X X X X Extracts X X X X ..... me of the event 17. Statement of the relevant facts having a bearing on the question(s) referred to in item No. 14 18. Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the aforesaid question(s) 19. List of documents or statements attached 20. Fee payment details, such as Transaction Reference No./ Challan Identification Number/ Payment Identification Number etc.,accompanying the application 21. Name and address of authorised representative in India, if any 22. Taxpayer Registration Number or Taxpayer Identification Number or Functional equivalent or any unique number used for identification by the Government of that country or specified territory of which applicant claims to be a resident 23. Particulars of the Parent Company or Companies of the applicant: (a) Name of the Immediate parent company of the applicant (b) Address of Immediate parent company of the applicant (c) Country of residence of Immediate parent company of the applicant (d) Permanent Account Number of Immediate parent company of the applicant (if allotted) (e) Taxpayer Registration Number or Taxpayer Identification Number or Functional equivale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In reply to item No. 9, if the applicant is a company, association of persons or Hindu undivided family, etc., the country of residence thereof is to be given and not of the individual who is filing the application on behalf of such person. 5. . In reply to item No. 10, the applicant shall state whether the applicant is an individual, Hindu undivided family, firm, association of persons or company. 6. For item No. 11, the reply shall be given in the context of the provisions regarding 'residence' in India as contained in section 6 of the Income-tax Act. The position in this regard is as follows: An individual is said to be 'resident' in any financial year, if he has been in India during that year: * for a period or periods of one hundred and eighty-two days or more ; or * for a period or periods of sixty days or more and has also been in India within the preceding four years for a period or periods of three hundred 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 leav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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-mail address; (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 karta to sign the application, by any other adult member of such family; and furnished through its registered e-mail address; (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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication No. .............................. of ........................... 1. Full name and address of the applicant 2. Telephone and Fax No. 3. Country of which he is resident 4. Status 5. Basis of claim for being a non-resident 6. The Commissioner having jurisdiction over the applicant (only in the case of existing assessees) 7. 3[Permanent Account Number or Aadhaar Number] (only in the case of existing assessees) 8. Question(s) relating to the transaction on which the advance ruling is required 9. Statement of the relevant facts having a bearing on the aforesaid question(s) 10. Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the aforesaid question(s) 11. List of documents/statements attached 12. Particulars of account payee demand draft accompanying the application 13. Name and address of authorised representative in India, if any 2[14. Taxpayer Registration Number/Taxpayer Identification Number/Functional equivalent/Any unique number used for identification by the Government of that country/specified territory of which applicant claims to be a resident 15. Particulars of the Parent Company(ies) of the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m in the application is found insufficient, separate enclosures may be used for the purpose. These should be signed by the applicant. 4. The application must be accompanied by an account payee demand draft of two thousand five hundred Indian rupees6 drawn in favour of Authority for Advance Rulings, payable at New Delhi. Particulars of the draft should be given in reply to item No. 12. 5. In reply to item No. 3, if the applicant is a company, association of persons or Hindu undivided family, etc., the country of residence thereof is to be given and not of the individual who is filing the application on behalf of such person. 6. In reply to item No. 4, the applicant must state whether he/it is an individual, Hindu undivided family, firm, association of persons or company. 7. For item No. 5, the reply must be given in the context of the provisions regarding 'residence' in India as contained in section 6 of the Income-tax Act. The position in this regard is as follows : An individual is said to be 'resident' in any financial year, if he has been in India during that year : - for a period or periods of 182 days or more ; or - for a period or periods of 60 days or more and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, by the managing partner thereof, or 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 ; (e) in the case of an association of persons, by any member of the association or the principal officer thereof ; and (f) in the case of any other person, by that person or by some person competent to act on his behalf. ANNEXURE I Statement of the relevant facts having a bearing on the question(s) on which the advance ruling is required ...... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) Address of Immediate parent company of the applicant (c) Country of residence of Immediate parent company of the applicant (d) Permanent Account Number or Aadhaar Number of Immediate parent company of the applicant (if allotted) (e) Taxpayer Registration Number or Taxpayer Identification Number or Functional equivalent or Any unique number used for identification of the Immediate parent company of applicant by the Government of that country or specified territory of which it claims to be a resident (f) Name of Ultimate parent company of the applicant (g) Address of Ultimate parent company of the applicant (h) Country of residence of Ultimate parent company of the applicant (i) Permanent Account Number or Aadhaar Number of Ultimate parent company of the applicant (if allotted) (j) Taxpayer Registration Number or Taxpayer Identification Number or Functional equivalent or Any unique number used for identification of the Ultimate parent company of applicant by the Government of that country or specified territory of which it claims to be a resident ............................... (Applicant) Verification I, ............................................................. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia 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, 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 60 days is increased to 120 days if the total income of such person, other than income from foreign sources, exceeds rupees 15 lakh 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 rupees 15 lakh 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 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 its place of effective management is situated wholly in India. A person who is not resident in India as above, is non-residen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 its 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 person competent to act on his behalf; or (II) com ..... 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