9911796707
TMI BlogAppendix IV- Undertaking under sub-rule (1) of rule 11UE of the Income-tax Rules, 1962X X X X Extracts X X X X X X X X Extracts X X X X ..... d in Part A of the Annexure. (b) The declarant has (strike off the options that are not applicable), (i) not filed any 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 constituted 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 hereby undertakes that it shall not file any appeal, application, petition or proceeding in future against the relevant order or orders. Particulars of such relevant order or orders are provided in Part B of the Annexure; (ii) filed one or more 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 has irrevocably ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals or applications or petitions or proceeding filed by the declarant and their status as on the date of this undertaking, are provided in Part D of the Annexure; (c) The declarant has (strike off the options that are not applicable), (i) not initiated any proceeding for arbitration, conciliation or mediation, and no notice has been given thereof 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 orders, and hereby undertakes that it shall not initiate any such arbitration, conciliation or mediation in future. Particulars of such relevant order or orders are provided in Part B of the Annexure; (ii) 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 has irrevocably, on a with prejudice basis, withdrawn any such proceeding for arbitration, conciliation or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut of or in connection with the relevant order or orders; (v) received or got any awards, orders, judgements or any other reliefs issued in favour of the declarant, arising out of or in any way relating to the imposition of tax, interest and penalty based on the relevant order or orders, under any agreement entered into by India with any other country or territory outside India, whether for protection of investment or otherwise and hereby undertakes to irrevocably waive any right to seek or pursue any claim or costs or declaratory relief in relation to or arising out of such awards, orders or judgements or any other relief that may have been ordered, issued or passed against India and any Indian affiliate, whether it is in proceeding initiated by the declarant or by India and any Indian affiliate. The declarant also undertakes to irrevocably waive any right to seek or pursue any claim for costs or relief 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 declarant. The declarant hereby undertakes that it shall not initiate or file any such arbitration, conciliation or mediation in f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing in future or file or initiate fresh proceeding to enforce or pursue attachments. Particulars of such proceeding, initiated and disposed of, are provided in Part H of the Annexure; (iv) 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, either against the Republic of India and any Indian affiliate and one or more of such proceeding are pending on the date of undertaking and, the declarant has obtained one or more orders from any court or other authority which remain outstanding against India and any Indian Affiliate. The declarant hereby undertakes that it shall not file in future any such proceeding to enforce or pursue attachments regarding 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 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o exist or which hereafter can, shall or may exist , in relation to any award, order, judgment, or any other relief as referred in clause (b), (c) and (d) of this undertaking, against the Republic of India and all Indian affiliates, ordered, issued or passed in connection with the relevant order or orders, whether it is in proceeding initiated by the declarant or by Republic of India and any Indian Affiliate. The declarant further undertakes to fully cooperate with the Republic of India or any Indian affiliate which is subject to any outstanding order referenced in clause (d), 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. For the avoidance of doubt, the declarant s irrevocable waiver includes irrevocable waiver of any right provided by any existing ex-parte, provisional, or other kind of court order permitting enforcement or attachment against the Republic of India and any Indian affiliate, in furtherance of any award, order judgment, or any other relief that may have been ordered or issued or passed by any arbitral tribunal as referred in clauses (b), (c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Indian Affiliate to costs incurred or interest accrued in relation to the relevant order or orders, or any related ongoing or completed litigation, arbitration, conciliation or mediation. Moreover, for the avoidance of any doubt, the declarant hereby undertakes (for itself and on behalf of all related parties) to forgo any reliance on any right under any award, judgment, or court order pertaining to the relevant order or orders or under the relevant order or orders. (h) The declarant further represents that as of the date of this undertaking, it has not transferred any of its claims under any award, judgment, or court order pertaining to the relevant order or orders or under the relevant order or orders, or granted any rights, to third parties, and further undertakes to not transfer any of its claims to third parties after entering this undertaking. Where any such claim or right is transferred, the declarant confirms that it has provided the particulars of all the interested parties in Part L, and the undertakings from each of such interested parties is attached with this undertaking in accordance with Part M of the Annexure. (i) In the event that, notwithstanding the foregoing, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at any time before furnishing intimation in Form No. 3 where this Form is required to be furnished under rule 11UF and before furnishing this undertaking in other cases, that by signing this undertaking any claims arising out of or relating to the relevant order or orders or any related award, judgment or court order, no longer subsist. Such public notice or press release shall include, among other things, confirmation that,- (i) the declarant (and its related parties) forever irrevocably forgo any reliance on any right and provisions under any award, judgment, or court order pertaining to the relevant order or orders or under the relevant order or orders; (ii) the declarant has provided this undertaking, which includes a complete release of the Republic of India and any Indian Affiliates with respect to any award, judgment, or court order pertaining to the relevant order or orders or under the relevant order or orders, and with respect to any claim pertaining to the relevant order or orders; (iii) the undertaking also includes an indemnity against any claims brought against the Republic of India or any India affiliate, including by related parties or interested parties, contrary t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndertaking has been duly authorised by all necessary corporate action; and (iii) this undertaking constitutes the legal, valid and binding obligation of the declarant, enforceable against such person in accordance with its terms. Such separate, related undertakings may take the same form as this undertaking. (q) The declarant is or is not covered under sub-rule (6) of rule 11UF and in case if the declarant is not covered under said sub-rule all the conditions provided under sub-rule (2) of rule 11UE have been fulfilled. (r) This undertaking is governed by relevant Indian law and any dispute with respect to this undertaking shall be subject to Indian laws and be decided in accordance with the procedures specified in the Act under the exclusive jurisdiction of the relevant income-tax authorities, tribunals or courts in Republic of India, as the case may be, which are empowered to decide disputes under the Act. I also confirm that I am aware of all the consequences and implications of this undertaking. Place: .. Date: .. Signature .. Attachments 1. The Board Resolution or legal authorisation, as the case may be, as referred to in clause (m) of the undertaking 2. An indemnity bond to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erim Board for Settlement constituted under section 245AA or any tribunal or court has been filed(refer clause (b)(i) of the undertaking). No proceeding has been initiated for arbitration, conciliation or mediation, and no notice has been given thereof 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 (refer clause (c)(i) of the undertaking). No proceeding initiated to enforce or pursue attachments in connection with any award, order or judgement, any other relief that may have been ordered or issued or passed by any tribunal or court or other judicial or administrative authority in relation to the said arbitration, conciliation or mediation proceeding in favour of the declarant against the Republic of India and Indian affiliates (refer clause (d)(i) of the undertaking) (1) (2) (3) (4) (5) Applicable or Not applicable Applicable or Not applicable Applicable or Not applicable Part C : Particulars of the appeals or applications or petitions or proceeding under sub-clause (ii) and (iii) of clause (b) of the undertaking: Sr. No. Sl. No. in Part A whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice Name of the agreement entered into by India under which the proceeding for arbitration, conciliation or mediation are pending Status of the proceeding for arbitration, conciliation or mediation Date of disposing of or withdrawal of such proceeding for arbitration, conciliation or mediation, or notices (Please attach evidence of such disposing of or withdrawal, including order of the Tribunal or court or other judicial or quasi-judicial or administrative authority) (1) (2) (3) (4) (5) (6) (7) (8) Part F Particulars of the proceeding for arbitration, conciliation or mediation, or notices under sub-clause (iv) of clause (c) of the undertaking: Sr. No. Sl. No in Part A 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 of 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 under which the proceeding for arbitration, conciliation or mediatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Details of bank account in Republic of India to which the refund is to be remitted Sr. No. Bank Name and Address Account Number and other required details for remittance (1) (2) (3) Part K Details of all the all the companies or entities in the entire chain of holding of the declarant till the ultimate holding company or entity of the declarant: Sl. No. Name of holding company Percentage of the ownership by such holding company in the declarant as on the date of undertaking If the ownership in the declarant is not held directly by such holding company, the chain of ownership with the names of all the companies in the chain of ownership (1) (2) (3) (4) Part L- Details of all the interested parties other than the interested parties covered under Part K Sl. No. Name of such persons whose interest may be affected directly or indirectly by this undertaking Nature of interest of such person Amount of interest of such person (Rs), if available (1) (2) (3) (4) PART M Undertaking by person(s) declared in Part K and Part L of the Undertaking To, Principal Commissioner/Commissioner .. .. Sir/Madam, I ..(name in block letters) son/ daughter of designation ..and nationality ..and related passp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 irrevocably withdrawn with prejudice by the interested party, are provided in Part MC of the Annexure; (iii) filed one or more 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cably, on a with prejudice basis, withdrawn any such proceeding for arbitration, conciliation or mediation, and notices given thereof. 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 irrevocably withdrawn with prejudice by the interested party, are provided 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 sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kes to irrevocably waive any right to seek or pursue any claim for costs in respect of any proceeding initiated by the Republic to set aside such award, order or judgement issued in favour of the interested party. The interested party hereby undertakes that it shall not initiate or file any such arbitration, conciliation or mediation in future. Particulars of such awards, orders, judgement or any other relief are provided in Part MG of the Annexure; (d) The interested party has (strike off options that are not applicable), (i) not initiated any 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 proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India and any Indian affiliate. The interested party hereby undertakes that it shall not file in future any such proceeding to enforce or pursue attachments regarding 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 referenced in clause (c) of this undertaking or to enforce the orders from any court 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal, or other kind of court order permitting enforcement or attachment against the Republic of India and any Indian affiliate, in furtherance of any award, order judgment, or any other relief that may have been ordered or issued or passed by any arbitral tribunal as referred in clauses (b), (c) and (d). The interested party further undertakes to fully cooperate with the Republic of India or any Indian affiliate which is subject to any outstanding order referenced in clause (d), 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of its claims under any award, judgment, or court order pertaining to the relevant order or orders or under the relevant order or orders, or granted any rights, to third parties, and further undertakes to not transfer any of its claims to third parties after entering this undertaking. (i) In the event that, notwithstanding the foregoing, any person asserts, brings , files or maintains any claim against the Republic of India or Indian affiliates (hereinafter collectively referred to as releasees )at any time on or after the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to the relevant order or orders or under the relevant order or orders, and with respect to any claim pertaining to the relevant order or orders; (iii) the undertaking also includes an indemnity against any claims brought against the Republic of India or any India affiliate contrary to the release; and (iv) the interested party confirms it will treat any such award, judgment, or court order as null and void and without legal effect to the same extent as if it had been set aside by a competent court and will 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 performanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. Sl. No. in Part MA 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 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 N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny 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 Indemnity Bond ( Bond ) is made on this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 liabilities of any nature arising out of or in an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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