Income-tax (Ninth Amendment) Rules, 2023

The Central Board of Direct Taxes on 12th June, 2023 has issued the Income-tax (Ninth Amendment) Rules, 2023. The amendment provides that an application for advance ruling under any proceeding for assessment under IT Act, 1961, of any person in respect of any assessment year or assessment years which may be pending before an Assessing Officer and the statements and documents accompanying the annexures, shall be:

1. In the case of an individual, signed or digitally signed, by the individual himself; or 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 who holds a valid power of attorney from the individual to do so;
2. In the case of a Hindu undivided family, signed or digitally signed by the karta thereof; or 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;
3. In the case of a company, signed or digitally signed 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 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 who holds a valid power of attorney from the company to do so, which shall be attached to the application; and furnished through its registered e-mail address;
4. In the case of a firm, signed or digitally signed by the managing partner thereof; or 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;
5. In the case of an association of persons, Signed or digitally signed by any member of the association or the principal officer thereof; and furnished through its registered e-mail address;
6. In the case of any other person signed or digitally signed by that person or by some other person competent to act on his behalf; and furnished through his registered e-mail address.

The amendment has also revised following forms:

1. Form 34C for application by a non-resident applicant for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961.
2. FORM No. 34D for application by a resident applicant for seeking an advance ruling in relation to a transaction undertaken or proposed to be undertaken by him with a non-resident, under section 245Q(1) of the Income-tax Act, 1961.
3. FORM No. 34DA for application by a resident applicant for seeking an advance ruling, in relation to a transaction which has been undertaken or is proposed to be undertaken, under section 245Q(1) of the Income-tax Act 1961.
4. FORM No. 34E for application by a resident falling within such class or category of persons as notified by Central Government for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961.
5. FORM No. 34EA for application by a person for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961.