Thursday , November 21, 2024 |   14:26:01 IST
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI
About Us Contact Us Newsletters
 
NEWS FLASH
 
TP - High cost for services rendered for implementing a software does raise doubts, but mere suspicion is no basis for holding that no services were rendered by AE for said purpose: ITAT (See 'Breaking News') TP - Companies which are distinct from assessee on account of high turnover, functional dis-similarity & difference in working capital merit being excluded as comparables for benchmarking purposes: ITAT (See 'Breaking News') INTL -Income of a non-resident assessee cannot be taxed in India where such person is employed abroad during relevant period: ITAT (See 'Breaking News') DTAA - Fee received for providing technical non-invasive inspection & integrity assessment services for offshore pipelines, cannot be taxed as Fees for Technical Services, considering that Make Available requirement is not satisfied in this case: ITAT (See 'Breaking News') I-T - Receipts from supply of software products cannot be taxed as royalty or FIS, in absence of transfer of any technical know-how with those products: ITAT (See 'Breaking News') I-T - It is wholly inequitable for Department to give short credit to tax duly deducted and deposited based on claim that may be made in return of income: HC (See 'Breaking News') I-T - Bandwidth charges remitted to telecom service providers cannot be treated as royalty either under treaty provisions or u/s 9(1)(vi) of Income tax Act, and hence does not attract TDS: ITAT (See 'Breaking News') DTAA - Notion that enduring benefit gained by client through repairs & maintenance is akin to make available, is incorrect: ITAT (See 'Breaking News') DTAA - Providing customer-based information & guidance does not entail problem solving skills or operations or knowledge which allows recipient to perform services independently in future; consideration therefor not treatable as FTS: ITAT (See 'Breaking News') INTL - Revisionary order passed u/s 263 is invalid, where assessee is not given opportunity to contest the allegations levelled by the CIT: HC (See 'Breaking News') INTL - Buyback transactions would not be treated as transfer for capital gains purposes; power of revision is unwarrantedly exercised where it is based on a hypothetical assumption of facts: ITAT (See 'Breaking News') TP - Resale Price Method for benchamarking purposes is appropriate for assessee-company whose activities are limited to purchasing & reselling products without adding any value & which is consistent with those of a routine distributor: HC (See 'Breaking News') I-T - Payments made overseas for general support services, for which no technology was made available, cannot be taxed as 'FTS': ITAT (See 'Breaking News') I-T - If purported reasons that prompted AO to reassess and disallow DAP expenditure incurred on production, only demonstrate change of opinion on part of AO, then same can't form basis of reopening: HC (See 'Breaking News') INTL - Re-assessment proceedings invalidated where based on erroneous information & where commenced in a mechanical manner & without due application of mind: ITAT (See 'Breaking News') TP - AO could not have assumed jurisdiction u/s 147 based on audit objections after expiry of four years from relevant A.Y: HC (See 'Breaking News') INTL - Additions framed u/s 69 are invalid where assessee substantiates nature & source of investment & thus discharges onus of proof: ITAT (See 'Breaking News') DTAA - Comparable company merits being excluded where it operates with extraordinary margins & diverse business interests, including intangibles in contrast to assessee-company: ITAT (See 'Breaking News') TP - As is trite law, transfer pricing adjustment has to be done only in respect of international transactions with associated enterprises & not at entity level: ITAT (See 'Breaking News') DTAA - Payments made by Google India Pvt Ltd. to Google Ireland Limited (GIL) for the Adwords program are not in the nature of royalty or FTS & therefore, cannot be taxed in the hands of assessee: ITAT (See 'Breaking News') TP - No separate ALP adjustment is required for payment of royalty if TNMM approach has been adopted at entity level: ITAT (See 'Breaking News')
 
TII SEARCH
 
 
   
Home >>
 

CBDT amends rules to prescribe new Form No 10A & Form No 10AB
By TII News Service
Oct 15, 2024 , New Delhi

    
Untitled Document

CBDT amends rules to prescribe new Form No 10A & Form No 10AB

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF DIRECT TAXES
NEW DELHI

NOTIFICATION NO

111/2024; Dated: October 15, 2024

G.S.R.638(E). - In exercise of the powers conferred by section 295 read with sub-clauses (i), (ii), (iii), (iv), (v) and (vi) of clause (ac) of sub-section (1) of section 12A, first and second provisos to clause (23C) of section 10, clauses (i), (ii), (iii) and (iv) of the first proviso to sub-section (5) of section 80G of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Incometax Rules, 1962, namely:-

1. Short title and commencement: - (1) These rules may be called the Income-tax Amendment (Seventh Amendment) Rules, 2024.

(2) They shall deemed to have come into force from the 1st day of October, 2024.

2. In the Income-tax Rules, 1962, in Appendix-II,-

(a) in Form No. 10A,-

(i) in the heading, the figure, letter and word "2C or " shall be omitted;

(ii) below the table and before the heading "Notes to fill Form No. 10A", for the portion beginning with the words and figures "I_, son/daughter of" and ending with the words and brackets "(strike whichever is inapplicable)", the following shall be substituted, namely:-

"I ________________, son/daughter of ________________, hereby declare that the details given in the form are true and correct to the best of my knowledge and belief.

I undertake to communicate forth which any alteration in the terms of the trust/society/nonprofit company, or in the rules governing the Institution, made at any time hereafter. I also declare that I am filing this form in my capacity as __________ (designation) having permanent account number (PAN) ________________ and that I am competent to file this form and verify it.

Date:                                                                                     Signature

(Applicable only for section code 2)

I further undertake that I am applying for registration under the section code 2 and the activities of the _____________ (Name of the institution, trust or fund) having permanent account number (PAN) ______________ have not commenced on or before the date of making this application.

Date:                                                                                  Signature.";

(iii) Under the heading "Notes to fill Form No 10A",-

(I) for the serial number 2, the following shall be substituted, namely:-

"2. Application for registration under section 12A/80G select one of the following code in row 2:

1
Sub-clause (i) of clause (ac) of sub -section (1) of section 12A
01
2
Item (A) of sub-clause (vi) of clause (ac) of sub-section (1) of section 12A
02
11
Clause (i) of first proviso to sub-section (5) of section 80G
11
12
Sub-clause (A) of clause (iv) of first proviso to sub-section (5) of section 80G
12

(II) in serial number 7, in the table, for entries at Relevant Law/Portal "Registration u/s 10(23C) clause (iv)/(v)/(vi)/(via) of Income-tax Act, 1961", the following shall be substituted, namely:-

"Registration u/s 10(23C) clause (iv)/(v)/(vi)/(via) of Income-tax Act, 1961
02
Mandatory
Number of Order granting approval
Date of Order
Jurisdiction details of the Income-tax Authority which granted the registration is to be provided
First date of the previous year from which the approval is effective";

(III) in serial number 10.,-

(A) in item (a), the figures and word "07/08/09/10 or" shall be omitted;

(B) in item (b), the figures ", 03/04/05/06" shall be omitted;

(IV) in serial number 12, in the table,-

(A) for Section code 02 and entries relating thereto, the following shall be substituted, namely:-

"02

- where the applicant is created, or is established, under an instrument, self-certified copy of the instrument;

- where the applicant is created, is established, otherwise than under an instrument, self-certified copy of the document evidencing the creation or establishment of the applicant;

- self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be;

- self-certified copy of registration under Foreign Contribution (Regulation) Act, 2010 (42 of 2010), if the applicant is registered under such Act;

- where the applicant has been in existence during any year or years prior to the financial year in which the application for registration is made, self-certified copies of the annual accounts of the trust or institution relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up;

- where a business undertaking is held by the applicant as per the provisions of sub-section (4) of section 11 and the applicant has been in existence during any year or years prior to the financial year in which the application for registration is made, self-certified copies of the annual accounts of such business undertaking relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up and self- certified copy of the report of audit as per the provisions of section 44AB for such period;

- self-certified copy of order of rejection of application, for grant of registration under section 12A or section 12AA or section 12AB or the approval under section 10(23C), as the case may be, if any;";

(B) Section code "03/04/05/06" and entries relating thereto, shall be omitted;

(C) Section code "07/08/09/10" and entries relating thereto, shall be omitted;

(D) for Section code "1, 3, 4, 5, 6, 11" and entries relating thereto, the following shall be substituted, namely:-

"1, 11
- Self-certified Affidavit where the applicant does not have earlier issued registration or approval certificate.".

(b) in Form No. 10AB,-

(i) in the heading, the figure, letter and word "2C or " shall be omitted;

(ii) below the table and before the heading "Notes to fill Form No. 10AB", for the portion beginning with the words and figures "I __________________, son/daughter of" and ending with the words and brackets "(strike whichever is inapplicable)", the following shall be substituted, namely:-

"I __________________, son/daughter of _____________, hereby declare that the details given in the form are true and correct to the best of my knowledge and belief.

I undertake to communicate forth with any alteration in the terms of the trust/society/non-profit company, or in the rules governing the Institution, made at any time hereafter. I further declare that I am filing this form in my capacity as ____________(designation) having permanent account number (PAN) ______ and that I am competent to file this form and verify it.

Date:                                                                                    Signature

(Applicable only for section code 4A)

I further undertake that I am applying for registration under the section code 4A having commenced activities on dd/mm/yyyy and also that no income or part thereof of the_____________ (Name of the institution, trust or fund) having permanent account number (PAN)________has been excluded from the total income on account of applicability of sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10 or section 11 or 12 for any previous year ending on or before the date of making this application on dd/mm/yyyy, at any time after the commencement of such activities.

Date:                                                                                  Signature.";

(iii) Under the heading "Notes to fill Form No. 10AB", in serial number 2, in the table, the numbers 5, 6, 7, 8, 9, 10, 11, 12, 12A, 12B, 12C, 12D and the entries relating thereto, shall be omitted.

[F.No.370142/20/2024-TPL]

(Sourabh Jain)
Under Secy.

Explanatory Memorandum: This amendment is effective from 1st day of October, 2024. Accordingly, it is hereby certified that no person is being adversely affected by giving retrospective effect to these rules.

Note. - Principal rules were published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (ii), vide notification number S.O. 969(E), dated the 26th March, 1962 and was last amended vide notification number G.S.R. 309(E), dated 4th June, 2024.

 
 
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI TII
  • DTAA
  • Circulars (I-T Act, 1922)
  • Limited Treaties
  • Other Treaties
  • TIEAs
  • Notifications
  • Circulars
  • Relevant Sections of I-T Rules,1962
  • Instructions
  • Administrative Orders
  • DRP Panel
  • I-T Act, 1961
  • MLI
  • Relevant Portion of I-T Act,1922
  • GAAR
  • MAP
  • OECD Conventions
  • Draft Guidelines
  • DTC Bill
  • Committee Reports
  • FATCA
  • Intl-Taxation
  • Finance Acts
  • Manual on EoI
  • UN Model Taxation
  • Miscellaneous
  • Cost Inflation Index
  • Union Budget
  • Information Security Guidelines
  • APA Annual Report
  • APA Rules
  • Miscellaneous
  • Relevant Sections of Act
  • Instructions
  • Circulars
  • Notifications
  • Draft Notifications
  • Forms
  • TP Rules
  • APA FAQ
  • UN Manual on TP
  • Safe Harbour Rules
  • US Transfer Pricing
  • FEMA Act
  • Exchange Manual
  • Fema Notifications
  • Master Circulars
  • Press Notes
  • Rules
  • FDI Circulars
  • RBI Circulars
  • Reports
  • FDI Approved
  • RBI Other Notifications
  • FIPB Review
  • FEO Act
  • INTELLECTUAL PROPERTY
  • CBR Act
  • NBFC Report
  • Black Money Act
  • PMLA Instruction
  • PMLA Bill
  • FM Budget Speeches
  • Multimodal Transportation
  • Vienna Convention
  • EXIM Bank LoC
  • Manufacturing Policy
  • FTDR Act, 1992
  • White Paper on Black Money
  • Posting Policy
  • PMLA Cases
  • Transfer of Property
  • MCA Circular
  • Limitation Act
  • Type of Visa
  • SSAs
  • EPFO
  • Acts
  • FAQs
  • Rules
  • Guidelines
  • Tourist Visa
  • Notifications
  • Arbitration
  • Model Text
  • Agreements
  • Relevant Portion of I-T Act
  • I-T Rules, 1962
  • Circulars
  • MISC
  • Notification
  • About Us
  • Contact Us
  •  
     
    A Taxindiaonline Website. Copyright © 2010-2023 | Privacy Policy | Taxindiainternational.com Pvt. Ltd. OPC All rights reserved.