Income-tax (Ninth Amendment) Rules, 2007 – Amendments in rule 44C; substitution of rule 44CA and Form No. 34B; insertion of Form No. 34BA
NOTIFICATION NO. 215/2007 [F. NO. 142/11/2007-TPL], DATED 7-8-2007
In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Act), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely :—
1. (1) These rules may be called the Income-tax (Ninth Amendment) Rules, 2007.
(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 44C,—
(i) for the heading “Form of application for settlement of case”, the heading “Form of application for settlement of case and intimation to the Assessing Officer” shall be substituted;
(ii) after sub-rule (3), the following sub-rule shall be inserted, namely :—
“(4) The assessee shall, on the date on which he makes the application to the Settlement Commission, intimate in Form No. 34BA to the Assessing Officer of having made such application to the Commission.”;
(b) for rule 44CA, the following rule shall be substituted, namely :—
“44CA. (1) The Settlement Commission shall, while calling for a report from the Commissioner under sub-section (2B) of section 245D, forward a copy of the application in Form No. 34B (other than the Annexure and the statements and other documents accompanying such Annexure) along with a copy of the order under sub-section (1) of section 245D or, as the case may be, an intimation in respect of an application deemed to have been allowed to be proceeded with under sub-section (2A) of that section 245D.
(2) Where an application has not been declared invalid under sub-section (2C) of section 245D or an application has been allowed to be further proceeded with under sub-section (2D) of section 245D, the information contained in the Annexure to the application in Form No. 34B and in the statements and other documents accompanying such Annexure shall be sent to the Commissioner.”
(c) in Appendix II, for Form No. 34B, the following Forms shall be substituted, namely :—