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Income-tax (10th Amendment) Rules, 2013 - Insertion of Rule 6AAF, 6AAG, 6AAH AND FORM NO.3CQ, 3CR

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..... (2) The eligible company, before undertaking any skill development project, shall make an application for notification of such project under sub-section (1) of section 35CCD , in duplicate, in Form No.3CQ, to the National Skill Development Agency (hereinafter referred to as the NSDA). (3) The eligible company shall also send a copy of the application in Form No. 3CQ to the Commissioner of Income-tax or the Director of Income-tax, as the case may be, having jurisdiction over the case, accompanied by the acknowledgement receipt as evidence of having furnished the application form in duplicate to the NSDA. (4) The application shall be accompanied by the following, namely:- (a) detailed note on the skill development project to be undertaken by the eligible company; (b) details of the expenditure expected to be incurred on the project and expected date of completion of the project; and (c) a letter of concurrence from the training institute in which the skill development project is to be undertaken. (5) If any defect is noticed in the application referred to in sub-rule (2) or if any relevant document is not attached thereto, the NSDA shall, before the expiry of one month f .....

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..... T shall pass an order rejecting the application. (11) If the CBDT is satisfied with the activities of the skill development project during the period of notification, it may notify the said project for a further period in consultation with the NSDA. (12) A copy of the notification issued under sub-rule (10) or sub-rule (11) shall be sent to the applicant, the NSDA, the training institute and the Commissioner of Income-tax or the Director of Income-tax, as the case may be, having jurisdiction over the case. (13) The CBDT may rescind the notification issued under sub-rule (10) or sub-rule (11) at any time, if it is satisfied that the eligible company or the training institute, as the case may be, has ceased its activities or its activities are not genuine or the activities of the skill development project are not being carried out in accordance with all or any of the relevant provisions of the Act or this rule or rule 6AAG or the conditions subject to which the notification was issued. (14) An order rescinding the notification shall not be passed unless the applicant has been given an opportunity of being heard in the matter. (15) A copy of any order invalidating or rejecti .....

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..... he skill development project or has not got such books of account audited by an accountant in accordance with sub-rule (1); (b) company has not furnished the documents referred to in sub-rule (5); (c) company has ceased to carry out activities of skill development project; (d) activities of skill development project of the company are not genuine; or (e) activities of the skill development project of the company are not being carried out in accordance with the relevant provisions of the Act or the rules or the conditions subject to which the notification was issued, he shall, after making appropriate inquiries, furnish a report on the circumstances referred to in clause (a) to (e) to the CBDT for appropriate action under sub-rule (13) of rule 6AAF. (7) If the NSDA is not satisfied about the genuineness of the activities of the notified skill development project, the NSDA shall send its recommendation to the CBDT for appropriate action under sub-rule (13) of rule 6AAF. 6AAH. Meaning of expressions used in rule 6AAF and rule 6AAG For the purposes of rule 6AAF and rule 6AAG- (i) eligible company means a company, which is- (a) engaged in the business of manufact .....

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..... pbuilding, ship scrapping, bunkering 25. Power Sector Services, including those required for erection or installation or maintenance of equipment or towers, etc. in generation, transmission or distribution sector projects 26. Private Security, including guards, supervisors, installation and maintenance of security equipment etc. 27. Refrigeration and air-conditioning 28. Repair and maintenance services, including Installation and servicing of household goods or white goods 29. Retail marketing, including shop floor assistants or merchandisers 30. Telecom services, including erection and maintenance of towers 31. Travel and tourism, including guides or ticketing or sales or cab drives (ii) Training institute means a training institute set up by the Central or State Government or a local authority or a training institute affiliated to National Council for Vocational Training or State Council for Vocational Training. (iii) National Council for Vocational Training means the National Council for Training in Vocational Trades established by the resolution of .....

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..... 5. Name and address of the training institute in which the skill development project is to be undertaken. (Enclose a copy of letter of concurrence from the training institute in which the skill development project is to be undertaken) 6. Details of Return of Income filed for the last three Assessment years: Assessment Year Turnover/Gross receipts Total income Tax payable as per return Tax Paid Assessed income details 7. Enclose copy of audited annual accounts of the company for the last three years. 8. Whether any penalty under clause (c) of sub-section (1) of section 271 was levied on the company during the last five years and details thereof. 9. Whether any tax demand is outstanding on the date of filing application. Certified that the above information is true to the best of my knowledge and belief. Place Date .. Signature .. Designation .. Full Address FORM NO. 3CR [See rule 6AAF] Form for notification of skill development project under sub-section (1) of section 35CCD of the Income .....

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