FORM NO.65
[See rule 11P]
Application for *exercising/renewing option for the tonnage tax scheme under *sub- section
(1) of section 115VP or sub – section (1) of section 115VR of the Income-tax Act, 1961.
To,
The Joint Commissioner,
…………………………
Sir,
I, on behalf of , hereby apply for *exercising /renewing the option for the tonnage tax
[Nam e of t he c om pany ]
scheme in accordance with the provisions of *sub-section (1) of section 115VP or sub-section (1)
of section 115VR of the Income-tax Act, 1961 with effect from the assessment year………..
2. A statement of particulars for the purpose of *exercising /renewing the option is
enclosed as per Annexure to this Form.
Verification **
I, ………………………………(full name in block letters), do hereby declare that what is
stated in this application and the Annexure hereto is true to the best of my information
and belief. I further confirm that:
(1) is an Indian company within the meaning of clause
[Name of the company]
(26) of section 2 of the Income-tax Act, 1961.
(2)The place of effective management of the company within the meaning of section
115VC of the Income-tax Act, 1961 is in India.
(3) The company owns …… qualifying ship(s).
(4) The main object of the company is operation of ships. Copy of Memorandum of
Association of the company is enclosed.
2. I further declare that I am making this application in my capacity as ………………
and I am also competent to make this application and verify it.
………………………………
Name and Signature
Place: ………..
Date : ………
Note:
1. This application should be filed with the Joint Commissioner of Income-tax
having jurisdiction over the applicant company.
2. All the columns in the application must be filled in. Part A and Part B (if
applicable) of the Annexure must be filled in, failing which the application
shall be treated as incomplete.
3. * Strike out whichever is not applicable.
4. ** Before signing the verification every person should satisfy himself that the
application, the accompanying statements and documents are, to the best of
his knowledge and belief, correct and complete in all respects. Any person
making any false statement shall be liable to be prosecuted under section
277 of the Income-tax Act, 1961.
5. The application shall be signed and verified on behalf of the company by the
managing director of the company, or where for any unavoidable reason such
managing director is not able to sign and verify this Form, or where there is
no managing director, by any director:
Provided that:
(a) where the company is being wound up, whether under the orders of a
court or otherwise, or where any person has been appointed as the
receiver of any assets of the company, the statement shall be signed and
verified by the liquidator referred to in sub-section (1) of section 178 of the
Income-tax Act;
(b) where the management of the company has been taken over by the
Central Government or any State Government under any law, the
statement of the company shall be signed and verified by the principal
officer thereof.
ANNEXURE
Statement of particulars to be furnished for *exercising/renewing option for tonnage tax scheme
PART – A
1. Name of the company in full (in block letters)
2. Permanent Account Number
3. Address of the Registered Office
4. Address (es) of branch office (es)
5. Date of incorporation (enclose a copy of the certificate
of incorporation)
6. Date on which the company became a qualifying
company [to be given only in case of a company
which becomes a qualifying company after the initial
period] (enclose evidence in s upport of the claim)
7. Details of ships owned or chartered by the company
(i) Owned ships
Sl.No. Name of the
Net
tonnage
Flag Type of ship Whether qualifying
ship
or not
(1) (2) (3) (4) (5) (6)
(ii) Ships chartered in on bareboat charter-cum -demise terms
Sl.
No.
Name of the
ship
Net
tonnage
Flag Type of
Date of
commencement of
charter
Period of
charter
Reference
No. of
DG(Shipping)
approval
Whether
qualifying
or not
ship
(1) (2) (3) (4) (5) (6) (7) (8) (9)
(iii) Ships charte red in on bareboat charter terms for more than three years
Sl.
No.
Name of the
ship
Net
tonnage
Flag Type of
Date of
commencement of
charter
Period of
charter
Reference
No. of
DG(Shipping)
approval
Whether
qualifying
or not
ship
(1) (2) (3) (4) (5) (6) (7) (8) (9)
(iv) Ships chartered in on bareboat charter terms for less than three years
Sl.
No.
Name of the
ship
Net
tonnage
Flag Type of
Date of
commencement of
charter
Period of
charter
Reference
No. of
DG(Shipping)
approval
Whether
qualifying
or not
ship
(1) (2) (3) (4) (5) (6) (7) (8) (9)
(v) Ships chartered out on bareboat charter-cum-demise terms
Sl.No. Name of ship Net tonnage Date of commencement
Period of
charter
Whether
of charter
qualifying
or not
(1) (2) (3) (4) (5) (6)
(vi) Ships chartered out on bareboat charter terms for more than three years
Sl.No. Name of
Net tonnage Date of
Whether
qualifying
or not
Period of
charter
ship
commencement of
charter
(1) (2) (3) (4) (5) (6)
(vii) Ships c hartered out on bareboat charter terms for less than three years
Sl.No. Name of
Net tonnage Date of
Whether
qualifying
or not
Period of
charter
ship
commencement of
charter
(1) (2) (3) (4) (5) (6)
(viii) Other ships chartered in [other tha n those referred to at (ii), (iii) and (iv) above]
Sl.
No.
Name of the
ship
Net
tonnage
Flag Type of
Date of
commencement of
charter
Period of
charter
Reference
No. of
DG(Shipping)
approval
Whether
qualifying
or not
ship
(1) (2) (3) (4) (5) (6) (7) (8) (9)
8. Name(s) and address(es) of directors of the
applicant company
PART-B
(Statement of particulars to be furnished only in case of renewing of option for tonnage tax scheme)
1. Date(s) of exercising earlier option(s) alongwith date(s ) of
order approving the option [enclose a copy of the order(s)].
2. Details regarding earlier options:
(i) Whether the company ceased to be a qualifying
company at any time during earlier option(s)
(ii ) Whether any default was made in complying with
the provisions of section 115VT or section 115VU
or section 115VV (if yes, give details)
(iii) Whether the company was excluded from the
scheme under section 115VZC (if yes, give
details)
(iv ) Whether the company voluntarily opted out of the
tonnage tax scheme (if yes, give de tails)
(v) Whether there was an amalgamation of the
company with a company, which was a qualifying
company on 1st October, 2004 and had not
exercised the option within the initial period.
Place :
Date :
**Signed
Note:
1. * Strike out whichever is not applicable.
2. ** This Annexure has to be signed by the person competent to sign the application.
3. “Initial period” means the period after the 30th day of September, 2004 but before the 1s t day
of January, 2005.
4. Part-A is to be filled up both in case of exercising the option and while renewing the option.
However, Part-B is to be filled up only in cases where an application is being filed for
renewing the option.
5. In respect of each of the ships, details of which are being given in item 7, a copy of the
following certificates, as may be relevant, in case of each qualifying ship should be
enclosed:
(i) Certificate of registration under the Merchant Shipping Act, 1958 and certificate
under Merchant Shipping (Tonnage Measurement of Ship) Rules, 1987 made under
the Merchant Shipping Act, 1958;
(ii ) Certificate of registration under the Merchant Shipping Act, 1958 and international
tonnage certificate issued under the provisions of the Convention on Tonnage
Measurement of Ships, 1969 as specified in the Merchant Shipping (Tonnage
Measurement of Ship) Rules, 1987 made under the Merchant Shipping Act, 1958;
(iii) Permission obtained from the Director-General of Shipping to charter in a ship in
case of ships registered outside India.