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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

Extract

..... to fifth and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9, the declarant shall furnish an undertaking in Form No. 1 and shall append the undertakings from all the interested parties in Part M of the Annexure to the undertaking in Form No. 1 and furnish all the attachments required to be furnished under any clause or Part thereof. (2) The conditions for the purposes of clause (iv) of the Explanation to fifth and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 shall be the following, namely: - (a) the declarant and all the interested parties shall irrevocably withdraw, terminate or discontinue all the appeals or applications or petitions or proceedings, against the relevant order or orders and furnish evidence thereof and a declaration in the undertaking in Form No. 1 to the effect that it shall not, under any circumstances, reopen or file any such appeal, application, petition or proceeding in future against the relevant order or orders; (b) the declarant and all the interested parties shall irrevocably withdraw, terminate or discontinue all the proceedings for arbitration, conciliation or mediation, or notices thereof ag .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... b), (c) or (d), issued in favour of the declarant or any of the interested parties; (f) the declarant and all the interested parties shall terminate, release, discharge, and forever irrevocably waive any right, whether direct or indirect, any remedies, claims, demands, liens, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees, court’s fees, expenses, damages, judgments, orders, compensation, and liabilities of whatever kind or nature at law, in equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or do exist or which hereafter can, shall or may exist, based on pursuit of any remedy or any and all claims, demands, damages, judgments, awards, costs, expenses, compensation or liabilities of any kind (whether asserted or unasserted), in relation to any facts, events, or omissions occurring at any time in relation to taxation of income referred to in the fifth and sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 or relevant order or orders, or any related award, judgment or court order, which may otherwi .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... tion, delivery and performance of the undertaking in Form No. 1 submitted by the declarant, undertakings from all the interested parties in Part M of the Annexure to the undertaking in Form No. 1 and indemnity bond by the declarant and interested parties in Part N of the Annexure to the undertaking in Form No. 1 shall be duly authorised by all necessary corporate action, including but not limited to any board resolution or similar authorisation under applicable law and a copy of such board resolution and legal authorisation shall be furnished by the declarant. 11UF. Manner of furnishing undertaking under rule 11UE. − (1) The undertaking in Form No. 1 under sub-rule (1) of rule 11UE shall be submitted by the declarant to the jurisdictional Principal Commissioner or Commissioner within forty- five days from the date of commencement of the Income-tax (31st Amendment) Rules, 2021. (2) After the undertaking in Form No. 1 under sub- rule (1) of rule 11UE is furnished by the declarant, the jurisdictional Principal Commissioner or Commissioner shall, within a period of fifteen days from the date of receipt of the said undertaking, - (a) grant a certificate in Form No. 2 accepting suc .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... clarant 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 or applications or petitions or proceeding; (ii) the arbitration, conciliation or mediation; (iii) the proceeding to enforce or pursue attachments in respect of any award, order or judgement or any other relief against the Republic of India or Indian affiliates; had been filed by the declarant or any of the interested parties and have been disposed of, no further appeal or application or petition or proceeding or arbitration or conciliation or mediation has been filed by the de .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... For the purpose of rejecting the undertaking under clause (b) of sub-rule (2) or declining to grant relief under sub-rule (8), the Principal Commissioner or Commissioner shall intimate the reasons thereof to the declarant and give him an opportunity of submitting a renewed undertaking in Form No. 1 or renewed intimation in Form No. 3, as the case may be, within a further period not exceeding thirty days. (12) Where the renewed undertaking or renewed intimation is not filed within such further period under sub-rule (11), then, notwithstanding anything contained in any other provision of the rule 11UE and this rule, such undertaking or intimation shall be treated as invalid and the provisions of this rule shall apply as if such person had never furnished the undertaking in Form No. 1 or intimation in Form No. 3, as the case may be. (13) The extended period 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 .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... 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; (b) “Indian affiliate” means any of departments, agencies, instrumentalities, public sector companies, and other entities of the Republic of India, owned or controlled, directly or indirectly, allegedly or in fact, by any thereof, as well as any officials, officers, directors, employees, attorneys, representatives, those providing financing, and agents of any of these persons, whether in India or in any other country or territory outside India; (c) “interested party” means the following, namely:- (i) all the companies or entities in the entire chain of holding of the declarant till the ultimate holding company or entity; (ii) any person to whom the declarant has transferred any of its claims under any award, judgment, or court order pertaining to the relevant orders or under the relevant orders or granted any rights; (iii) any person other than the person mentioned in sub-clauses (i) and (ii), in .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... ip;………..(name in block letters) son/ daughter of ………………… designation ……………..and nationality ………………..and related passport number………………. (hereinafter referred to as “signatory”) having Permanent Account Number/Aadhaar Number (see Note 1)……………… on behalf of …………………….. (name of the declarant) having Permanent Account Number / Aadhaar number / Tax Deduction Account Number (see Note 2)……………………………………………….. and being duly authorised and competent to represent the declarant in this regard pursuant to Board Resolution and legal authorisation (see Note 3), as the case may be ,hereby declare as follows: (a) That specified orders have been 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 cons .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... and no further appeal or application or petition or proceeding has been filed by the declarant 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 and disposed of, are provided in Part C of the Annexure; (iv) filed 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 one or more of such appeals or applications or petitions or proceeding are pending as on the date of this undertaking and hereby undertakes to irrevocably withdraw, terminate and discontinue any and all such appeals or applications or petitions or proceeding that are pending as on the date of signing this undertaking, on a with prejudice basis, in accordance with claus .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... the declarant and evidence thereof is furnished herewith. The declarant 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 disposed of, are provided in Part E of the Annexure; (iv) 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 one or more of such proceeding or notices are pending on the date of undertaking and hereby undertakes to irrevocably withdraw, terminate and discontinue any and all such proceeding or notices for arbitration, conciliation or mediation that are pending as on the date of signing this undertaking, on a with prejudice basis, in accordance with clause (e) below. Particulars of such pending proceeding and noti .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... 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 against the Republic of India and any Indian affiliate. The declarant has irrevocably and with prejudice withdrawn or discontinued any such proceeding and hereby undertakes that it shall not reopen any such proceeding in future or file or initiate fresh proceeding to enforce or pursue attachments and evidence thereof is furnished herewith. Particulars of such proceeding, initiated and withdrawn or discontinued by the declarant, are provided in Part H of the Annexure; (iii) 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 against the Republic of India and any Indian affiliate. All such proceeding .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... ry steps to irrevocably and with prejudice close the pending proceeding referred in sub-clause (iv) of clause (b), sub-clause (iv) of clause (c), sub-clause (v) of clause (c) and sub-clause (iv) of clause (d) of this undertaking, as well as any other pending proceeding against India or Indian affiliates relating to the relevant order or orders and not referenced in clauses (b), (c) and (d) above, and not to pursue in any way and by any means in future the pending proceeding as referenced in clauses (b), (c), and (d) above, and any other pending proceeding relating to the relevant order or orders not referred in the above clauses and any other fresh proceeding relating to the relevant order or orders. In so acting, declarant shall act in accordance with this undertaking and in full cooperation with the Republic of India; (ii) to irrevocably terminate, release, discharge, and forever irrevocably waive any right, whether direct or indirect, and any claims, demands, liens, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees, court’s fees, expenses, damages, judgments, orders, declaratory reliefs and liabilities of whatever kind or nat .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... nd any remedies, claims, demands, liens, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees, court’s fees, expenses, damages, judgments, orders, compensation, and liabilities of whatever kind or nature at law, in equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or do exist or which hereafter can, shall or may exist, based on pursuit of any remedy or any and all claims, demands, damages, judgments, awards, costs, expenses, compensation or liabilities of any kind (whether asserted or unasserted) in relation to any facts, events, or omissions occurring from the beginning of time to the date of this undertaking and thereafter in future in relation to taxation of said income or relevant order or orders, or any related award, judgment or court order, which may otherwise be available to the declarant under any law for the time being in force, in equity, under any statute or under any agreement entered into by Republic of India with any country or territory outside Republic of India, whether for protection of investment or otherwi .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... eferenced above, or any related award, judgment, or court order, shall remain outstanding against the Republic of India or any Indian affiliates. To avoid any doubt, the declarant’s indemnity of releasees under this clause shall include any claim brought by any third party alleging that it has obtained the declarant’s claims under an award, judgement or court order or the relevant order or orders. An indemnity bond to this effect is attached in Part N of the undertaking. (j) For the removal of any doubt, the declarant fully assumes the risk through the indemnity in clause (i) of any omission or mistake with respect to securing releasees against any related claim by any person. If the declarant fails to obtain any release from such person, the declarant warrants that it will indemnify the Republic of India or any Indian affiliates from any defense costs, court costs, and damages. An indemnity bond to the effect of clause (i) and (j) is annexed to the undertaking. (k) The declarant further undertakes to refrain from facilitating, procuring, encouraging or otherwise assisting any person (including but not limited to any related party or interested party) from bringing any .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... but not limited to the issuance of the indemnity described in clause(i) and (j)has been duly authorised by all necessary corporate action, including but not limited to any board resolution or similar authorisation under applicable law (see Note 3); (iii) this undertaking constitutes the legal, valid and binding obligation of the declarant, enforceable against the declarant in accordance with its terms; (iv) such authorisations described in the above sub-clauses (i), (ii) and(iii) are effective under applicable law, and to this end, letters from local counsel in the relevant jurisdictions are attached to this undertaking which confirm the legality of such authorisations under applicable law. (n) The declarant confirms that by submitting the present undertaking, it fulfills the conditions specified in the Explanation below the sixth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9. (o) The details of the bank account in which the refund may be credited are provided in Part J of the Annexure. (p) The details of all the interested parties are provided in Part K and Part L of the Annexure. The undertaking in Part M of the Annexure by each of such persons is attach .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... lause (m) of the undertaking shall, among other things: (a) record the signatory’s power and authority to give the undertaking on behalf of the declarant; and (b) record the declarant’s power and authority to indemnify defend and hold harmless the Republic 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 A- Particulars of the relevant order or orders: Sr. No. Assess-ment Year or Finan-cial year Income- tax Autho-rity passing the order Details of the order under conside-ration Taxes or penalty deter-mined Interest Total demand Relief, provided in any appeal procee-ding, if any Demand recov-ered from the decla-rant Pending demand or refund due as on date Details of the a .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... ing Date of disposing of or withdrawal such appeals or applications or petitions or proceeding (Please attach a copy of order by the 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 accepting the withdrawal or disposing of) (1) (2) (3) (4) (5) (6) Part D - Particulars of the appeals or applications or petitions or proceeding under sub-clause (iv) of clause (b) of the undertaking: Sr. No. Sl. No. in Part A 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 appl .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... lief along with reference number Status of the award, order, judgement or any other relief (1) (2) (3) (4) (5) (6) Part H - Particulars of the proceeding to enforce any award, order or judgement or any other relief under sub-clause (ii) and (iii) of clause (d) of the undertaking: Sr. No. Sl. No. in Part A where the relevant order is mentioned Nature of procee-ding to enforce such award, order or judgement or any other relief Particulars (including the name of the country) where such procee-ding to enforce any award, order or judge-ment or any other relief are taking place Date of filing procee-ding to enforce any award, order or judge-ment or any 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 judge-ment or any other relief Date of disposing of or withd-rawal of procee-ding to enforce such award, order or judgement or any other relief (Please attach a copy of evidence of such disposing of/ withd-rawal, including order of the Court or other judicial authority)) (1) (2) (3) (4) (5) (6) (7) (8) Part I - Particulars of the proceeding to enforce any award, order or judgement or any .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... red to as “signatory”) having Permanent Account Number/Aadhaar Number (see Note 1)………………………… on behalf of …………………….. (name of the interested party) having Permanent Account Number / Aadhaar number / Tax Deduction Account Number (see Note 2) ……………………………….. and being duly authorised and competent to represent the interested party in this regard pursuant to Board Resolution and legal authorisation (see Note 3), as the case may be , hereby declare as follows: (a) The particulars of specified orders that have been 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 Republic of India made before the 28th day of May, 2012 in the case of declarant and the nature of interest of the interested party in such specified orders are provided in Part MA of the Annexure. (b) The interested p .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... with 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 and disposed of, are provided in Part MC of the Annexure; (iv) filed 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 one or more of such appeals or applications or petitions or proceeding are pending as on the date of this undertaking and hereby undertakes to irrevocably withdraw, terminate and discontinue any and all such appeals or applications or petitions or proceeding that are pending as on the date of signing this undertaking, on a with prejudice basis, in accordance with clause (e) below. The interested party further undertakes that it shall not file any such appeal, application, petition or procee .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... diation 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 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 disposed of, are provided in Part ME of the Annexure; (iv) has 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 Republic of India, whether for protection of investment or otherwise against the relevant order or orders and one or more of such proceeding or notices are pending on the date of undertaking and hereby undertakes to irrevocably withdraw, terminate and discontinue any and all such proceeding or notices for arbitration, conciliation or mediation that are pending as o .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... c 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 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 to in clause (c) of this undertaking against the Republic of India and any Indian affiliate. The interested party has irrevocably and with prejudice withdrawn or discontinued any such proceeding and hereby undertakes that it shall not reopen any such proceeding in future or file fresh proceeding to enforce or pursue attachments. Particulars of such proceeding, initiated and withdrawn or discontinued by the interested party, are provided in Part MH of the Annexure; (iii) initiated proceeding to enforce or pursue attachments in connection with any awards, orders, judgements or any other relief that may have be .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... 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 the sub-clauses (i) and (ii), are also provided in Part MI of the Annexure. The interested party also undertakes to irrevocably withdraw, terminate and discontinue with prejudice any and all such proceeding to enforce or pursue attachments in accordance with clause (e) below; (e) The interested party hereby undertakes as follows: - (i) to irrevocably and with prejudice withdraw, discontinue, terminate and take all necessary steps to irrevocably and with prejudice close the pending proceeding referred in sub-clause (iv) of clause (b), sub-clause (iv) of clause (c), sub-clause (v) of clause (c) and sub-clause (iv) of clause (d) of this undertaking, as well as any other pending proceeding against Republic of India or Indian affiliates relating to the relevant order or orders and not referenced in clauses (b), (c) and (d) above, and not to pursue in any way and by any means in future the pending proceeding as referenced in clauses (b), (c), and (d) , and any other pendi .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... r 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 by the Republic of India to set aside such award, order or judgement, or any other relief issued in favour of the interested party. (f) The interested party specifically represents that all Parts of the Annexure as described in this undertaking are full and complete to the best of its knowledge. (g) The interested party hereby undertakes to irrevocably terminate, release, discharge, and forever irrevocably waive any right, whether direct or indirect, and any remedies, claims, demands, liens, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees, court’s fees, expenses, damages, judgments, orders, compensation, and liabilities of whatever kind or nature at law, in equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or do exist or which hereafter can, shall or may exist, based on pursuit of a .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... ecifically 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 outlined in this undertaking, no other claim regarding the said relevant order or orders referenced above, or any related award, judgment, or court order, shall remain outstanding against the Republic of India or any Indian affiliate. To avoid any doubt, the interested party’s indemnity of releasees shall include any claim brought by any third party alleging that it has obtained the interested party’s claims under an award, judgement or court order or the relevant order or orders. An indemnity bond to this effect is attached in Part N of the undertaking. (j) For the avoidance of any doubt, the interested party fully assumes the risk through the indemnity in clause (i) of any omission or mistake with respect to securing releasees against any related claim by any person. If the interested party fails to obtain any release from such person, the interested party warrants that it will indemni .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... ing. (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 performance of this undertaking (including but not limited to the issuance of the indemnity described in clause (i) and (j) has been duly authorised by all necessary corporate action, including but not limited to any board resolution or similar authorisation under applicable law (see Note 3); (iii) this undertaking constitutes the legal, valid and binding obligation of the interested party, enforceable against the interested party in accordance with its terms; (iv) such authorisations described in the above sub-clauses (i), (ii) and (iii)are effective under applicable law, and to this end, letters from local counsel in the relevant jurisdictions are attached to this undertaking which confirm the legality of such authorisations under applicable law; and (n) This undertaking is governed by relevant Indian law and any dispute with respect to this undertaking shall be subject to Indian laws and be dec .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... ls 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 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 connec .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... 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 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 admini-strative authority) (1) (2) (3) (4) (5) (6) (7) (8) Part MF - Particulars of th .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... f 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 _____ day of _______, 2021 by _____(name in block letters) son/ daughter of ____________ designation and nationality ____________and related passport number __________ (hereinafter referred to as ‘Signatory’) having Permanent Account Number/Aadhaar Number/ Tax Deduction Account Number (See Note 1) __________ on behalf of __________(name of the declarant or interested party, as the case may be) having Permanent Account Number/ Aadhaar number/Tax Deduction Account Number ______________(See Not .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... D 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 any way relating to the assertion or, bringing, filing or maintaining of such claim. 2. The declarant or interested party, as the case may be, 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) withdrawal of all pending proceeding as outlined in this undertaking, that no other claim regarding t .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... affiliates in accordance with clause (i) of the undertaking) FORM NO. 2 [See rule 11UF] Form for Certificate Under sub - rule (2) of rule 11UF < Name of the declarant > Address of the declarant Sir / Madam 1. The ……………………………… (name of the declarant) (hereinafter referred to as the declarant) with Permanent Account Number/ Aadhaar number / Tax Deduction Account Number/ Company Identification Number and Taxpayer Identification Number………………………………………………………………………. has filed an undertaking in Form No. 1 dated ______ under - sub-rule (1)of the rule 11UE of the rules. 2. Pursuant to the undertaking filed by the declarant in Form No. 1 under sub-rule (1) of rule 11UE, the provisions of fifth proviso to Explanation 5 to clause (i) of sub-section (1) of section 9 of the Act shall be applicable to the orders mentioned below, subject to the fulfilment of the conditions specified in said proviso read with relevant rules a .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... ip;.. Sir/Madam, I………………………………..(name in block letters) son/ daughter of ………………… designation ……………..and nationality ………………..and related passport number………………. (hereinafter referred to as “signatory”) having Permanent Account Number/Aadhaar Number ………………………(see Note 1) on behalf of …………………….. (name of the declarant) having Permanent Account Number / Aadhaar number / Tax Deduction Account Number (see Note 2) ……………………………….. and being duly authorised and competent to represent the declarant in this regard pursuant to Board Resolution and legal authorisation (see Note 3), as the case may be, hereby confirm that the declarant has received an order in Form No. 2 dated ____ Pursuant thereto, I confirm that the pending appeals or ap .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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..... ;………………………………………………………..(Name and Permanent Account Number/Aadhaar number/ Tax Deduction Account Number/ Company Identification Number and Taxpayer Identification Number of the declarant) (hereinafter referred to as declarant) had furnished undertaking under clause (a) of the rule 11UE, which was received on ….(Date); and whereas Form No. 2 dated ……………………………………………………………………………… was issued to the declarant as per sub-rule (2) of rule 11UF; The declarant has filed the intimation in Form No. 3 dated- as per sub-rule (3) of the rule 11UF or the case of the declarant is covered under sub-rule (6) of rule 11UF; Now, therefore, in exercise of the powers conferred by sub-rule (7) of rule 11UF, it is hereby certified that the following specified orders shall be deemed to have never been passed and refund determined as per column (12) .....

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Income-tax (31st Amendment) Rules, 2021. - 118/2021 - Income Tax

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