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 ..... 6. Type of incorporation 7. Address 8. Status 9. Resident or non-resident in India 10. Country of which he is resident (in case of non-resident) 11. Basis of claim for being a non-resident 12. The Commissioner and Assessing Officer having jurisdiction over the applicant (only in case of existing non-resident assessees) 13. Permanent Account Number, and Aadhaar number (if applicable) in case of resident 14. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment details, such as Transaction Reference No./ Challan Identification Number/ Payment Identification Number etc., accompanying the application 22. Name and addressof authorised representative in India ............................... Signed (Applicant) Verification ................................................................................................................................... son/daughter/wife [name in full and in block letters] 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 documents accompanying such annexure(s), is correct and complete. I further declare that I am making this application in my capacity as ............................... (designation) and that I am competent to make this application and verify it. I also declare that the question on which the advance ruling i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned 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 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 in India. A person who is not resident in India as above, is non-resident in India 6. Regarding item No. 17, the question (s) should be based on actual or proposed arrangements. Hypothetical questions shall not be entertained. 7. In respect of item No. 18, 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 .................................................................................................... .................................................................................................... .................................. Place................. Signed Date.................. (Applicant) ANNEXURE II Statement containing the applicant s interpretation of law or facts, as the case may be, in respect of th e question(s) on which advance ruling is required .................................................................................................... .................................................................................................... ...... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) purpose or purposes of the arrangement (iii) details of the other parties to the arrangement in following format S. No. Name of the other party(ies) to the arrangement Whether resident in India 3 [ Permanent Account Number or Aadhaar Number ] Role of such party in arrangement Relationship with other party(ies) to the arrangement Tax benefit arising to the other party(ies), if any (1) (2) (3) (4) (5) (6) (7) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... today the ............................... day of ............................... ............................... Signed (Applicant) Place ............................... Notes: 1. The application shall be filled in English or Hindi in quadruplicate. 2. The number and year of receipt of the application will be filled in the office of the Authority for Advance Rulings. 3. If the space provided for answering any item in the application is found insufficient, separate enclosures may be used for the purpose. These should be signed by the applicant. 4. The application shall be accompanied by an account payee demand draft of ten thousand Indian rupees drawn in favour of Authority for Advance Rulings, payable at New Delhi. Particulars of the draft should be given in reply to item No. 16. 5. In reply to item No. 4, 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. 5, the applicant must state whether he/it is an individual, Hindu undivided family, firm, association of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -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; (b) in the case of a Hindu undivided family,- (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; (c) in the case of a company,- (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; (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the case may be, in respect of the aforesaid questions 11. List of do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht. 8. The application, the verification appended thereto, the annexures to the application and the statements and documents 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 ..... 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