Income-tax (7th Amendment) Rules, 2018- CBDT seeks unique number for identification of non-resident- CBDT amends Forms for advance ruling -Notification No. 31/2018-Income Tax Dated 13th July, 2018
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
Notification No. 31/2018-Income Tax
New Delhi, the 13th July, 2018
G.S.R. 647(E).―In exercise of the powers conferred by section 295 read with sub-section (1) of section 245Q of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:―
1. Short title and commencement.―(1) These rules may be called the Income-tax (7th Amendment) Rules, 2018.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962,―
(A) in rule 44E, in sub-rule (1),―
(i) in clause (c), for the words, brackets and letters “sub-clause (iia) of clause (b)”, the words, brackets and letters “item (III) of sub-clause (A) of clause (b)” shall be substituted;
(ii) in clause (d), for the words, brackets and letter “sub-clause (iii) of clause (b)”, the words, brackets and letters “item (IV) of sub-clause (A) of clause (b)” shall be substituted;
(iii) in clause (e), for the words, brackets and letters “sub-clause (iiia) of clause (b)”, the words, brackets and letters “item (V) of sub-clause (A) of clause (b)” shall be substituted;
(B) in the Appendix II, ―
(i) in Form 34C, ―
(a) in the heading, for the words “Form of application”, the words “Form of application by a nonresident applicant” shall be substituted;
(b) after item 13, the following items shall be inserted, namely:―
“14. Taxpayer Registration Number/Taxpayer Identification Number/Functional equivalent/ Any unique number used for identification by the Government of that country/specified territory of which applicant claims to be a resident.
| 15. | Particulars of the Parent Company(-ies) of the applicant: | |
| (a) Name of Immediate parent company of applicant | ||
| (b) Address of Immediate parent company of applicant | ||
| (c) Country of residence of Immediate parent company of applicant | ||
| (d) Permanent Account Number of Immediate parent company of applicant (if alloted) | ||
| (e) Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/Any unique number used for identification of the Immediate parent company of applicant by the Government of that country/specified territory of which it claims to be a resident | ||
| (f) Name of Ultimate parent company of applicant | ||
| (g) Address of Ultimate parent company of applicant | ||
| (h) Country of residence of Ultimate parent company of applicant | ||
| (i) Permanent Account Number of Ultimate parent company of applicant (if alloted) | ||
| (j) Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/Any unique number used for identification of the Ultimate parent company of applicant by the Government of that country/specified territory of which it claims to be a resident”; |
(ii) in Form 34D, for item 5, the following item shall be substituted, namely:―
| “5. | Particular(s) 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) Telephone and Fax Number of the non-resident | ||
| (d) Permanent Account Number of the non-resident (if alloted) | ||
| (e) Taxpayer Registration Number/ Taxpayer Identification Number/Functional equivalent/ Any unique number used for identification of the non-resident by the Government of that country/ specified territory of which it claims to be a resident. | ||
| (f) Name of Immediate parent company of the non-resident | ||
| (g) Address of Immediate parent company of the non-resident | ||
| (h) Country of residence of Immediate parent company of the non-resident | ||
| (i) Permanent Account Number of Immediate parent company of the non-resident (if alloted) | ||
| (j) Taxpayer Registration Number/Taxpayer Identification Number/Functional equivalent/ Any unique number used for identification of the Immediate parent company of the non-resident by the Government of that country/specified territory of which it claims to be a resident | ||
| (k) Name of Ultimate parent company of the non-resident | ||
| (l) Address of Ultimate parent company of the non-resident | ||
| (m) Country of residence of Ultimate parent company of the non-resident | ||
| (n) Permanent Account Number of Ultimate parent company of the non-resident (if alloted) | ||
| (o) Taxpayer Registration Number/Taxpayer Identification Number/Functional equivalent/Any unique number used for identification of the Ultimate parent company of the non-resident by the Government of that country/specified territory of which it claims to be a resident”; |
(iii) in Form 34DA, in the heading, for the word, figures, brackets and letters “section 245N(b)(iia)”, the word, figures, brackets and letters “section 245N(b)(A)(III)” shall be substituted.
[Notification No. 31/2018/F.No. 370142/34/2016-TPL(Part)]
Dr. T.S. MAPWAL, Under Secy. (Tax Policy and Legislation)
Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended vide notification number S.O. No. 2087(E), dated the 24th May, 2018.
