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Home Acts & Rules Income Tax Rule Income-tax Rules, 1962 Chapters List Part J Indirect transfer prior to 28th May, 2012 of assets situate in India This
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Rule 11UF - Manner of furnishing undertaking under rule 11UE. - Income-tax Rules, 1962

Extract

..... ncomplete or any part thereof or any of the attachments or evidences or the indemnity bonds provided therein or any of the authorisations, as referred to in sub-rule (3) of rule 11UE is incorrect or incomplete or not furnished, after giving an opportunity of being heard to the declarant. (3) After the grant of certificate in Form No. 2, the conditions under sub-rule (2) of rule 11UE shall be fulfilled by the declarant and interested parties and an intimation to this effect shall be filed by the declarant in Form No. 3 within sixty days of the date of receipt of certificate in Form No. 2 under sub-rule (2) with the jurisdictional Principal Commissioner or Commissioner. (4) The jurisdictional Principal Commissioner or Commissioner may, on an .....

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Rule 11UF - Manner of furnishing undertaking under rule 11UE. - Income-tax Rules, 1962

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..... thereof has been given by the declarant or any interested parties, the declarant and all such interested parties have irrevocably withdrawn all such appeals, applications, petitions, proceeding, arbitration, conciliation and mediation and no further appeal or application or petition or proceeding or arbitration or conciliation or mediation has been filed by the declarant or any such interested party against the Republic of India or any of the Indian Affiliates before the withdrawal of such arbitration, conciliation or mediation and evidence thereof has been furnished at the time of furnishing the undertaking in Form No. 1 referred to in sub-rule (1) of rule 11UE; and (c) where with respect to the relevant order or orders, any,- (i) appeals .....

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Rule 11UF - Manner of furnishing undertaking under rule 11UE. - Income-tax Rules, 1962

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..... incomplete; (c) the intimation in Form No. 3 has not been filed in a case other than that covered under sub-rule (6); (d) any of the attachments provided in Form No. 3 is incorrect or incomplete or has not been furnished; (e) any of the evidences required to be furnished along with Form No. 3 is incorrect or incomplete or has not been furnished; or (f) the intimation in Form No. 3 submitted by the declarant is not duly authorised by all necessary corporate action, including but not limited to any board resolution or similar authorisation under applicable law or a copy of such board resolution or legal authorisation is incorrect or incomplete or not furnished by the declarant. (9) The order granting the relief under sub-rule (7) or declinin .....

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Rule 11UF - Manner of furnishing undertaking under rule 11UE. - Income-tax Rules, 1962

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..... allowed under sub-rule (11) for submitting a renewed undertaking in Form No. 1 or a renewed intimation in Form No. 3 shall be excluded from,- (a) the period of fifteen days under sub-rule (2) for granting a certificate in Form No. 2 or passing an order rejecting such undertaking, as the case may be, by the jurisdictional Principal Commissioner or Commissioner; or (b) thirty days under clause (a) and (b) of sub-rule (9) for passing an order granting relief under sub-rule (7) or declining relief under sub-rule (8), as the case may be, by the jurisdictional Principal Commissioner or Commissioner. (14) For the purposes of computing the period of limitation under sub-rules (2) or (9), where immediately after the exclusion of the period or exten .....

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Rule 11UF - Manner of furnishing undertaking under rule 11UE. - Income-tax Rules, 1962

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..... indemnity bond specified Forms prescribed under these rules or in respect of any direction or order issued thereunder shall be governed by the relevant Indian laws and be decided in accordance with the procedures specified under the Act, under the exclusive jurisdiction of the relevant income-tax authorities, tribunals or courts in India, as the case may be, which are empowered to decide disputes under the Act. (18) The Form Nos. 1, 2, 3 and 4 of Appendix IV shall be the Forms for the purposes of this rule and rule 11UE. Explanation: - For the purposes of this rule and rule 11UE, unless the context otherwise requires,- (a) “declarant” means the person in whose case a specified order has been passed or made, as the case may be; .....

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Rule 11UF - Manner of furnishing undertaking under rule 11UE. - Income-tax Rules, 1962

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..... se providing financing, and employees of the declarant; (e) “relevant order” means any specified order passed or made in respect of income accruing or arising through or from the transfer of an asset or a capital asset situate in India in consequence of the transfer of a share or interest in a company or entity registered or incorporated outside India made before the 28th day of May, 2012, particulars whereof are provided in Part A of the Annexure to the undertaking in Form No. 1; (f) “specified order” means, (i) an assessment or reassessment order under section 143, section 144, section 147 or section 153A or section 153C; or (ii) an order passed for enhancing the assessment or reducing a refund already made or othe .....

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Rule 11UF - Manner of furnishing undertaking under rule 11UE. - Income-tax Rules, 1962

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