Rule – 44E, Form of application for obtaining an advance ruling

Published by Law@HostBooks at Last Updated on August 9th, 2018 at 4:22 pm Published on March 22, 2018

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44E. ⁸⁰ [ (1) An application for obtaining an advance ruling under sub-section (1) of section 245Q shall be made in quadruplicate,—

(a)		in Form No.34C in respect of a non-resident applicant referred to in sub-clause (i) of clause (a) of section 245N;
(b)		in Form 34D in respect of a resident applicant referred to in sub-clause (ii) of clause (a) of section 245N seeking advance ruling in relation to a transaction undertaken or proposed to be undertaken by him with a non-resident; and
(c)		in Form No.34DA in respect of a resident applicant referred to in sub-clause (iia) of clause (a) of section 245N falling within any such class or category of person as notified by the Central Government in exercise of the powers conferred by sub-clause (iia) of clause (b) of that section;
(d)		in Form No.34E in respect of a resident falling within any such class or category of person as notified by the Central Government in exercise of the powers conferred by sub-clause (iii) of clause (b) of section 245N; and
(e)		in Form No.34EA, in respect of an applicant referred to in sub-clause (iiia) of clause (b) of section 245N of the Act,

and shall be verified in the manner indicated therein. ]

(2) The application referred to in sub-rule (1), the verification appended thereto, the annexures to the said application and the statements and documents accom-panying it, shall be signed,—

(a)

in the case of an individual,—

(i)		by the individual himself ;
(ii)		where, for any unavoidable reason, it is not possible for the indivi-dual 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 from the individual to do so, which shall be attached to the application ;

(b)

in the case of a Hindu undivided family,—

(i)		by the karta thereof, and
(ii)		where, for any unavoidable reason, it is not possible for the karta to sign the application, by any other adult member of such family ;

(c)

in the case of a company,—

(i)		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 ;
(ii)		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 ;

(d)		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 as such, by any partner thereof, not being a minor ;
(e)		in the case of an association of persons, by any member of the association or the principal officer thereof ; and
(f)		in the case of any other person, by that person or by some person competent to act on his behalf.

⁸¹ [ (3) Every application in the Form as applicable shall be accompanied by the proof of payment of fees as specified in sub-rule (4).

(4) The fees payable along with application for advance ruling shall be in accordance with the following table:

TABLE

Category of applicant	Category of case	Fee
(1)	(2)	(3)
An applicant referred to in sub-clauses (i) or (ii) or (iia) of clause (b) of section 245N	Amount of one or more transaction, entered into or proposed to be undertaken, in respect of which ruling is sought does not exceed Rs. 100 crore.	Rs. 2 lacs
	Amount of one or more transaction, entered into or proposed to be undertaken, in respect of which ruling is sought exceeds Rs. 100 crore but does not exceed Rs. 300 crore.	Rs. 5 lacs
	Amount of one or more transaction, entered into or proposed to be undertaken, in respect of which ruling is sought exceeds Rs. 300 crore.	Rs. 10 lacs
Any other applicant	In all cases	Rs. 10000]