Income-Tax (Twelfth Amendment) Rules, 2022

Income-tax (Twelfth Amendment) Rules, 2022

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Income-Tax (Twelfth Amendment) Rules, 2022

The Central Board of Direct Taxes (CBDT) on May 05, 2022, has issued the Income-tax (Twelfth Amendment) Rules, 2022 to further amend the Income-tax Rules, 1962. With this amendment, CBDT notifies Rule 44E of the Income Tax Rules, 1962   related to the Application for obtaining an advance ruling and introduces amended FORM No. 34C, 34D, 34DA, 34E, and 34EA.

Synopsis of Income-Tax (Twelfth Amendment) Rules, 2022

As mentioned above, the CBDT vide Notification No. 49/2022 dated May 5, 2022, has issued the Income-tax (Twelfth Amendment) Rules, 2022 to further amend Rule 44E of the Income-Tax Rules, 1962  with respect to an application for obtaining an advance ruling under Section 245Q(1) of the Income-tax Act, 1961 in the following manner:

  • Omitted the requirement of filing the application in quadruplicate under Rule 44E(1) of the IT Rules, for obtaining an advance ruling.
  • Substituted Rule 44E(2) of the IT Rules to notify the procedure of verification of the annexures and the statements and documents accompanying the annexures in the application for obtaining an advance ruling.
  • Substituted FORM No. 34C for application by a non-resident applicant for obtaining an advance ruling.
  • Substituted FORM No. 34D for application by a non-resident applicant for obtaining an advance ruling.
  • Substituted FORM No. 34DA for application by a non-resident applicant for obtaining an advance ruling.
  • Substituted FORM No. 34E for application by a person falling within a certain class or category of persons as notified by the Central Government, for obtaining an advance ruling.
  • Substituted FORM No. 34EA for application for obtaining an advance ruling.

Amendment in Rule 44E of Income-tax Rules

Vide the Income-tax (Twelfth Amendment) Rules, 2022, In rule 44E which specifies the Application for obtaining an advance ruling, sub-rule (2) has been substituted, as follows:

“(2) The application referred to in sub-rule (1), the verification, the annexures, and the statements and documents accompanying the annexures of the application, shall be signed and verified as under:

In case of Digitally Signed Sign and Verification Where, for any unavoidable reason, it is not possible to sign the application by the person as specified in Column 3 (4)
Individual Yes, if it’s required under these rules to furnish his return of income under digital signature or communicated through his registered e-mail address By himself By any person duly authorized by him on this behalf
Hindu Undivided Family By the Karta By any adult member of such family
Company yes By the managing director By any person duly authorized by the company on this behalf
Firm Yes, if it’s required under these rules to furnish his return of income under digital signature or communicated through his registered e-mail address By the managing partner By any partner not being a Minor
AOP By any member of the association or the principal officer
Any other person By that person or by some other person competent to act on his behalf

The person signing the application as specified in column 4 of the above table holds a valid power of attorney to do so, which shall be attached to the application;

Please refer to the following documents to get the amended FORM No. 34C, 34D, 34DA, 34E, and 34EA:

Income-Tax (Twelfth Amendment) Rules, 2022

Post by Renu Suresh

Renu is experience content writer specialised in compliances and company rules.