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TMI BlogSigning of Application for Advance Ruling - The condition of mandatory digital signature has been done away with - Income-tax (Ninth Amendment) Rules, 2023X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of an individual,-- (I) signed or digitally signed,-- (i) by the individual himself; or (ii) where, for any unavoidable reason, it is not possible for the individual to sign the application, by any person duly authorised by him in this behalf: Provided that in a case referred to in sub-clause (ii), the person signing the application holds a valid power of attorney from the individual to do so, which shall be attached to the application; and (II) furnished through his registered e-mailaddress; (b) in the case of a Hindu undivided family,-- (I) signed or digitally signed,-- (i) by the karta thereof; or (ii) where, for any unavoidable reason, it is not possible for the kartato sign the application, by any other adult member of such family; and (II) furnished through its registered e-mailaddress; (c) in the case of a company, -- (I) signed or digitally signed,-- (i) by the Managing Director thereof; or where for any unavoidable reason such Managing Director is not able to sign and verify the application, or where there is no Managing Director, by any Director thereof; or (ii) where, for any unavoidable reason, it is not possible for the Managing D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14. Question(s) relating to the transaction on which the advance ruling is required 15. Whether the transaction referred to in item No. 14 relates to an event of national or international importance? 16. If yes, name of the event 17. Statement of the relevant facts having a bearing on the question(s) referred to in item No. 14 18. Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the aforesaid question(s) 19. List of documents or statements attached 20. Fee payment details, such as Transaction Reference No./ Challan Identification Number/ Payment Identification Number etc.,accompanying the application 21. Name and address of authorised representative in India, if any 22. Taxpayer Registration Number or Taxpayer Identification Number or Functional equivalent or any unique number used for identification by the Government of that country or specified territory of which applicant claims to be a resident 23. Particulars of the Parent Company or Companies of the applicant: (a) Name of the Immediate parent company of the applicant (b) Address of Immediate parent company of the applicant (c) Country of residence of Immedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , who is not an existing assessee, the following addresses are to be given:- * The place where office and residence are located or is likely to be located in India * The address in his country of incorporation. 4. In reply to item No. 9, if the applicant is a company, association of persons or Hindu undivided family, etc., the country of residence thereof is to be given and not of the individual who is filing the application on behalf of such person. 5. . In reply to item No. 10, the applicant shall state whether the applicant is an individual, Hindu undivided family, firm, association of persons or company. 6. For item No. 11, the reply shall be given in the context of the provisions regarding 'residence' in India as contained in section 6 of the Income-tax Act. The position in this regard is as follows: An individual is said to be 'resident' in any financial year, if he has been in India during that year: * for a period or periods of one hundred and eighty-two days or more ; or * for a period or periods of sixty days or more and has also been in India within the preceding four years for a period or periods of three hundred and sixty-five days or more. However, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y unavoidable reason, it is not possible for the individual to sign the application, by any person duly authorised by him in this behalf : Provided that in a case referred to in sub-clause (ii), the person signing the application holds a valid power of attorney from the individual to do so, which shall be attached to the application ; and (II) furnished through his registered e-mail address; (b) in the case of a Hindu undivided family,-- (I) signed or digitally signed,-- (i) by the karta thereof; or (ii) where, for any unavoidable reason, it is not possible for the karta to sign the application, by any other adult member of such family; and furnished through its registered e-mail address; (c) in the case of a company, -- (I) signed or digitally signed,-- (i) by the Managing Director thereof, or where for any unavoidable reason such Managing Director is not able to sign and verify the application, or where there is no Managing Director, by any Director thereof ; or (ii) where, for any unavoidable reason, it is not possible for the Managing Director or the Director to sign the application, by any person duly authorised by the company in this behalf : Provided th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer having jurisdiction over the applicant 5. Permanent Account Number, and Aadhaar Number (if applicable) 6. Particulars of the non-resident with whom the transaction is undertaken or proposed to be undertaken (a) Name of the non-resident (b) Address of the non-resident (c) Country of residence (d) Telephone and Fax Number of the non- resident (e) Permanent Account Number of the non- resident (if allotted) (f) Taxpayer Registration Number or Taxpayer Identification Number/Functional equivalent or any unique number used for identification of the non-resident by the Government of that country or specified territory of which it claims to be a resident. (g) Name of Immediate parent company of the non-resident (h) Address of Immediate parent company of the non-resident (i) Country of residence of Immediate parent company of the non-resident (j) Permanent Account Number of Immediate parent company of the non- resident (if allotted (K) Taxpayer Registration Number or Taxpayer Identification Number or Functional equivalent/ any unique number used for identification of the Immediate parent company of the non- resident by the Government of that country or specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Verified today, the...............................day of......................... .............................. Signed (Applicant) Place............. Notes: 1. The application shall be filled in English or Hindi. 2. The application shall be accompanied by proof of payment, of applicable fees in accordance with sub-rule (4) of rule 44E of rules, made in favour of Board for Advance Rulings, payable at New Delhi. Details of payment shall be given in reply to item No. 14. 3. In reply to item No. 3, the applicant shall state whether the applicant is an individual, Hindu undivided family, firm, association of persons or company. 4. For item No. 6, the reply shall be given in the context of the provisions regarding 'residence' in India as contained in section 6 of the Income-tax Act. The position in this regard is as follows: An individual is said to be 'resident' in any financial year, if he has been in India during that year: - for a period or periods of one hundred and eighty-two days or more ; or - for a period or periods of sixty days or more and has also been in India within the preceding four years for a period or periods of three hundred and sixty-five days or more. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or (ii) where, for any unavoidable reason, it is not possible for the individual to sign the application, by any person duly authorised by him in this behalf : Provided that in a case referred to in sub-clause (ii), the person signing the application holds a valid power of attorney from the individual to do so, which shall be attached to the application ; and (II) furnished through his registered e-mail address; (b) in the case of a Hindu undivided family,-- (I) signed or digitally signed,-- (i) by the karta thereof; or (ii) where, for any unavoidable reason, it is not possible for the karta to sign the application, by any other adult member of such family; and (II) furnished through its registered e-mail address; (c) in the case of a company, -- (I) signed or digitally signed,-- (i) by the Managing Director thereof, or where for any unavoidable reason such Managing Director is not able to sign and verify the application, or where there is no Managing Director, by any Director thereof ; or (ii) where, for any unavoidable reason, it is not possible for the Managing Director or the Director to sign the application, by any person duly authorised by the company in this b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer having jurisdiction over the applicant 5. Permanent Account Number, and Aadhaar Number (if applicable) 6. Name, address, telephone or fax number and email address of the person with whom the transaction is undertaken or proposed to be undertaken 7. Question(s) of law or of fact relating to a transaction undertaken or proposed to be undertaken on which the advance ruling is required 8. Whether the transaction referred to in item No. 7 relates to an event of national or international importance? 9. If yes, name of event 10. Statement of the relevant facts having a bearing on the question(s) referred to in item No. 7 11. Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the aforesaid question(s) 12. Whether there are any decisions of the Court on the question raised on which ruling is required? If yes, list such relevant decisions. 13. List of documents or statements attached 14. Fee payment details, such as Transaction Reference No./ Challan Identification Number/ Payment Identification Number etc., accompanying the application ............................... Signed (Applicant) Verification I, ... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al himself; or (ii) where, for any unavoidable reason, it is not possible for the individual to sign the application, by any person duly authorised by him in this behalf : Provided that in a case referred to in sub-clause (ii), the person signing the application holds a valid power of attorney from the individual to do so, which shall be attached to the application ; and (II) furnished through his registered e-mail address; (b) in the case of a Hindu undivided family,-- (I) signed or digitally signed,-- (i) by the karta thereof; or (ii) where, for any unavoidable reason, it is not possible for the karta to sign the application, by any other adult member of such family; and (II) furnished through its registered e-mail address; (c) in the case of a company, -- (I) signed or digitally signed,-- (i) by the Managing Director thereof, or where for any unavoidable reason such Managing Director is not able to sign and verify the application, or where there is no Managing Director, by any Director thereof; or (ii) where, for any unavoidable reason, it is not possible for the Managing Director or the Director to sign the application, by any person duly authorised by the company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdiction over the applicant 5. Permanent Account Number, and Aadhaar Number (if applicable) 6. Particulars of the appeal number and date of appeal before the CIT(A) or the Tribunal wherever applicable 7. Assessment year, date of assessment order and section under which the original order was passed by the Assessing Officer wherever applicable (enclose copy of th assessment order and appellate order) 8. Question(s) of law or of fact involved on which the advance ruling is required 9. Whether the transaction referred to in item No. 8 relates to an event of national or international importance? 10. If yes, name of event 11. Statement of the relevant facts having a bearing on the question(s) referred to in item No. 8 12. Statement containing the applicant's interpretation of law or facts, as the case may be, in respect of the aforesaid question(s) 13. List of documents or statements attached 14. Fee payment details, such as Transaction Reference No./ Challan Identification Number/ Payment Identification Number etc., accompanying the application ……………….. Signed (Applicant) Verification ......................................... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication holds a valid power of attorney from the individual to do so, which shall be attached to the application ; and (II) furnished through his registered e-mail address; (b) in the case of a Hindu undivided family,-- (I) signed or digitally signed,-- (i) by the karta thereof; or (ii) where, for any unavoidable reason, it is not possible for the karta to sign the application, by any other adult member of such family; and (II) furnished through its registered e-mail address; (c) in the case of a company, -- (I) signed or digitally signed,-- (i) by the Managing Director thereof, or where for any unavoidable reason such Managing Director is not able to sign and verify the application, or where there is no Managing Director, by any Director thereof ; or (ii) where, for any unavoidable reason, it is not possible for the Managing Director or the Director to sign the application, by any person duly authorised by the company in this behalf : Provided that in the case referred to in sub-clause (ii), the person signing the application holds a valid power of attorney from the company to do so, which shall be attached to the application ; and (II) furnished through its registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. The Commissioner and Assessing Officer having jurisdiction over the applicant (only in case of existing non-resident assessees) 13. Permanent Account Number, and Aadhaar number (if applicable) in case of resident 14. Details of the arrangement to be undertaken by the applicant on which determination or decision of the Board is required (i) brief description of the arrangement (ii) purpose or purposes of the arrangement (iii) details of the other parties to the arrangement in the following format: S.No. Name of the other party(ies) to the arrangement Whether resident in India Permanent Account Number and Aadhaar Number (if applicable) Role of such party in arrangement Relationship with other party(ies) to the arrangement Tax benefit arising to the other party(ies), if any 15. The tax benefit which is likely to arise out of arrangement, if undertaken 16. Assessment year, or years during which the tax benefit as indicated in item No. 15 is likely to arise (give year wise breakup) 17. Questions(s) relating to the proposed arrangement on which the advance ruling is required referred to in item No. 14 18. Statement of the relevant facts having a bea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 of the Income-tax Act. The position in this regard is as follows: An individual is said to be 'resident' in any financial year, if he has been in India during that year: - for a period or periods of one hundred and eighty-two days or more ; or - for a period or periods of sixty days or more and has also been in India within the preceding four years for a period or periods of three hundred and sixty-five days or more. However, the period of sixty days is increased to one hundred and eighty-two days in the case of a citizen of India or a person of Indian origin who has been outside India and comes on a visit to India or a citizen of India who leaves India for purposes of employment outside India, or as a member of the crew of an Indian ship. Further, in the case of a person who is a citizen of India or a person of Indian origin who has been outside India and comes to a visit to India, the aforementioned period of sixty days is increased to one hundred and twenty days if the total income of such person, other than income from foreign sources, exceeds fifteen lakh rupees during the relevant previous year. Furthermore, irrespective of the above mentioned conditions, an individua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igned,-- (i) by the Managing Director thereof, or where for any unavoidable reason such Managing Director is not able to sign and verify the application, or where there is no Managing Director, by any Director thereof ; or (ii) where, for any unavoidable reason, it is not possible for the Managing Director or the Director to sign the application, by any person duly authorised by the company in this behalf : Provided that in the case referred to in sub-clause (ii), the person signing the application holds a valid power of attorney from the company to do so, which shall be attached to the application ; and (II) furnished through its registered e-mail address; (d) in the case of a firm, -- (I) signed or digitally signed,-- (i) by the managing partner thereof; or (ii) where for any unavoidable reason such managing partner is not able to sign and verify the application, or where there is no managing partner as such, by any partner thereof, not being a minor ; and (II) furnished through its registered e-mail address; (e) in the case of an association of persons,-- (I) signed or digitally signed by any member of the association or the principal officer thereof; and (II) furnis ..... 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