FORM NO. 34C
[See rule 44E]
Form of application for obtaining an advance ruling under section 245Q(1) of the Income-tax Act, 1961
(PLEASE READ THE CAREFULLY BEFORE FILLING THIS FORM)
BEFORE THE AUTHORITY FOR ADVANCE RULINGS
Application No. ……………..of 19………
Full name and address of the applicant
Telephone and Fax No.
Country of which he is resident
Status
Basis of claim for being a non-resident
The Commissioner having jurisdiction over the applicant
(only in the case of existing assessees)
Permanent Account Number (only in the case of existing assessees)
Question(s) relating to the transaction on which the advance ruling is required
Statement of the relevant facts having a bearing on the aforesaid question(s)
Statement containing the applicant’s interpretation of law or facts, as the case may be, in respect of the aforesaid question(s)
List of document/statements attached
Particulars of account payee demand draft accompanying the application
Name and address of authorised representative in India, if any
…………………………….
Signed
(Applicant)
Verification
I,………………………………………………………………………………………………………………………….. son/daughter/wife
[name in full and in block letters]
of ………………………………….do hereby solemnly declare that to the best of my knowledge and belief what is stated above and in the annexure(s), including the documents accompanying such annexure(s), is correct and complete. I further declare that I am making this application in my capacity as …………………………………
(designation)
and that I am competent to make this application and verify it I also declare that the question on which the advance ruling is required is not pending in my case before any income-tax authority, the Appellate Tribunal or any court.
Verified today the …………………………………… day of …………….. 19………….
…………………………
Signed
(Applicant)
Place ……………..
Notes :
The application must be filled in English or Hindu in quadruplicate.
The number and year of receipt of the application will be filled in the office of the Authority for Advance Rulings.
If the space provided for answering any item in the application is found insufficient, separate enclosure may be used for the purpose. These should be signed by he applicant.
The application must be accompanied by an account payee demand draft of two thousand five hundred Indian drawn in favour of Authority for Advance Rulings, Payable at New Delhi. Particulars of the draft should be given in reply to item No. 12.
In reply to item No 3. If the applicant is a company, association of person or Hindu undivided family, etc. The country of residence thereof is to be given and not of the individual who is filling the application on behalf of such person.
In replay to item No 4, the applicant must state whether he /it is an individual, Hindu undivided family, firm, association of persons or company.
For item No. 5 the reply must 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 of 182 days or more ; or
for a period or periods of 60 days or more and has been in India within the preceding four years for a period or periods of 3675 days or more
However, the period of 60 days increased to 150 days in the case of a citizen of India or person of Indian origin who has been outside India and comes on a visit to India, and to 182 days in a case when citizen of India leaves India for purpose of employment outside India, or member of the crew of an Indian ship.
An association of persons or a Hindu undivided family is resident in India in every case except where the control and management of its affairs is situated wholly outside India.
A Company is resident in India, if it is an Indian company or the control and management of its affairs is situated wholly in India.
A person, who is not president in India as above, is no resident in India.
Regarding item No. 8 the question(s) should be based on actual or proposed transactions. Hypothetical question will not be entertained.
In respect of item No. 9, in Annexure I, the applicant must state in details the relevant facts and also dispose the nature of his business or profession and the likely date and purpose of the proposed transactions(s). Relevant facts reflected in documents submitted along with the application must be included in the statement of facts and not merely incorporated by reference.
For item No. 10 in Annexure II, the applicant must clearly state his interpretation of law or facts in respect of the question(s) on which the advance ruling has been sought.
The application, the verification appended thereto, the annexures to the application and the statement and documents accompanying the annexures, must be signed,—
in the case of an individual,–
by the individual himself, and
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 form the individual to do so, which shall be attached to the application;
in the case of a Hindu undivided family,—
by the karta thereof, and
where, for any unavoidable reason, it is not possible for the karta to sign the application, by any other adult member of such family ;
in the case of a company,–
by the Managing Director thereof, or where for any unavoidable reason such Managing Director, by any Director thereof;
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:
in the case of a firm, 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 such, by any partner thereof, not being a minor :
in the case of any other person, by that person or by some person competent to act on his behalf.
ANNEXXURE I
Statement of the relevant facts having a bearing on the question(s) on which the advance ruling is required
Place ………………….. ……………………….
Date…………………… Signed
(Applicant)
ANNEXURE II
Statement containing the applicant’s interpretation of law or facts, as the case may be, in respect of the question(s) on which advance ruling is required
place ………………….. ……………………….
Date…………………… Signed
(Applicant)