//
you're reading...
INDIAN BARE ACTS

the Income-tax (7th Amendment) Rules, 2011. (2) They shall come into force on the 1 st November 2011

[TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY,
A representation of the Lion Capital of Ashoka...

Image via Wikipedia


PART II, SECTION 3, SUB-SECTION (ii)] 
GOVERNMENT OF INDIA 
MINISTRY OF FINANCE 
DEPARTMENT OF REVENUE 
[CENTRAL BOARD OF DIRECT TAXES] 

Notification 
New Delhi, the 17
th
 day of October, 2011 
INCOME-TAX 
S.O.2394(E).- In exercise of the powers conferred by section 295 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. (1) These rules may be called the Income-tax (7th Amendment) Rules, 
2011. 
 (2) They shall come into force on the 1
st
 day of November, 2011. 
2. In the Income-tax Rules, 1962,- 
(A) in rule 114, - 
(a) in sub-rule (1), after the words, figures and letter “Form 49A”, the words, 
figures and letters, “ or 49AA , as the case may be” shall be inserted; 
(b) in sub-rule (3),- 
(i) for the words “accounting year” wherever they occur, the words 
“financial year” shall be substituted; 
(ii) after item (iii), the following item shall be inserted, namely:-  “ (iv) in the case of a person who is entitled to receive any sum or 
income or amount , on which tax is deductible under Chapter XVIIB in 
any financial year, before the end of such financial year.”; (c) in sub-rule (4), for the words “Table below shall be accompanied by 
documents mentioned in Column 3” the words “ Table below shall be 
filed in Forms mentioned in Column 3 and shall be accompanied by the 
documents mentioned in Column 4” shall be inserted ; 
(d) For the Table, the following Table shall be substituted, namely : - 
TABLE 
Sl.No. 
(1) 
Applicant 
 (2) 
Form 
(3) 
Documents as proof of 
identity and address 
(4)
1. Individual who is a 
citizen of India 
49A (i) Proof of identity
Copy of,- 
(a) school leaving certificate; or 
(b) matriculation certificate; or 
(c) degree of a recognised 
educational institution; or 
(d) depository account; or 
(e) credit card; or 
(f) bank account; or 
(g) water bill; or 
(h) ration card; or 
(i) property tax assessment 
order; or 
(j) passport; or 
(k) voter identity card ; or 
(l) driving licence; or 
(m) certificate of identity signed 
by a Member of Parliament or 
Member of Legislative 
Assembly or Municipal 
Councillor or a Gazetted Officer, as the case may be. 
In case of a person being a 
minor, any of the above 
documents of any of the 
parents or guardian of such 
minor shall be deemed to be 
the proof of identity. 
 (ii) Proof of address— 
Copy of,- 
(a) electricity bill; or 
(b) telephone bill; or 
(c) depository account; or 
(d) credit card; or 
(e) bank account; or 
(f) ration card; or 
(g) employer certificate; or 
(h) passport; or 
(i) voter identity card; or 
(j) property tax assessment 
order; or 
(k) driving licence; or 
(l) rent receipt; or 
(m) certificate of address 
signed by a Member of 
Parliament or Member of 
Legislative Assembly or 
Municipal Councillor or a 
Gazetted Officer, as the case 
may be. 
Note 1: In case of a minor, any 
of the above documents of any 
of the parents or guardian of 
such minor shall be deemed to 
be the proof of address. 
Note 2: In case of an Indian 
citizen residing outside India, 
copy of Bank Account 
Statement in country of residence or copy of Nonresident External (NRE) bank 
account statements. 
2 Hindu undivided 
family 
49A (a) an affidavit by the karta of 
the Hindu Undivided Family 
stating the name, father’s name 
and address of all the 
coparceners on the date of 
application; 
and 
(b) copy of any document 
applicable in the case of an 
individual specified in serial 
number 1, in respect of karta of 
the Hindu undivided family, as 
proof of identity and address.
3 Company registered 
in India 
49A copy of Certificate of 
Registration issued by the 
Registrar of Companies. 
4 Firm (including 
Limited Liability 
Partnership formed 
or registered in India 
49A (a) copy of Certificate of 
Registration issued by the 
Registrar of Firms/Limited 
Liability Partnerships; or 
(b) copy of Partnership Deed. 
5 Association of 
persons(Trusts) 
formed or registered 
in India 
49A (a) copy of trust deed; or 
(b) copy of Certificate of 
Registration Number issued by 
Charity Commissioner. 
6 Association of 
persons (other than 
Trusts) or body of 
individuals or local 
authority or artificial 
juridical person 
formed or registered 
in India 
49A (a) copy of Agreement; or 
(b) copy of Certificate of 
Registration Number issued 
by Charity Commissioner or 
Registrar of Co-operative 
Society or any other 
Competent Authority; or 
(c) any other document 
originating from any Central 
Government or State Government Department 
establishing Identity and 
address of such person. 
7 Individuals not being 
a citizen of India 
49AA (i) Proof of identity : - 
(a) copy of Passport; or 
(b) copy of person of Indian 
Origin card issued by the 
Government of India; or 
(c) copy of Overseas 
Citizenship of India Card issued 
by Government of India; or 
(d) copy of other national or 
citizenship Identification 
Number or Taxpayer 
Identification Number duly 
attested by “Apostille” (in 
respect of countries which are 
signatories to the Hague 
Apostille Convention of 1961) 
or by Indian embassy or High 
Commission or Consulate in 
the country where the applicant 
is located. 
(ii) Proof of address :- 
(a) copy of Passport; or 
(b) copy of person of Indian 
Origin card issued by the 
Government of India; or 
(c) copy of Overseas 
Citizenship of India Card issued 
by Government of India; or 
(d) copy of other national or 
citizenship Identification 
Number or Taxpayer 
Identification Number duly 
attested by “Apostille” (in 
respect of countries which are 
signatories to the Hague 
Apostille Convention of 1961) 
or by Indian embassy or High Commission or Consulate in 
the country where the applicant 
is located; or 
(e) copy of bank account 
statement in country of 
residence; or 
(f) copy of Non-resident 
External bank account 
statement in India; or 
(g) copy of certificate of 
residence in India or 
Residential permit issued by 
the State Police Authority; or 
(h) copy of the registration 
certificate issued by the 
Foreigner’s Registration Office 
showing Indian address; or 
(i) copy of Visa granted and 
copy of appointment letter or 
contract from Indian Company 
and Certificate (in Original) of 
Indian Address issued by the 
employer.
8 LLP registered 
outside India 
49AA (a) copy of Certificate of 
Registration issued in the 
country where the applicant is 
located, duly attested by 
‘Apostille’ (in respect of 
countries which are signatories 
to the Hague Apostille 
Convention of 1961) or by 
Indian embassy or High 
Commission or Consulate in 
the country where the applicant 
is located; or 
(b) copy of registration 
certificate issued in India or of 
approval granted to set up 
office in India by Indian 
Authorities. 9 Company registered 
outside India 
49AA (a) copy of Certificate of 
Registration issued in the 
country where the applicant is 
located, duly attested by 
‘Apostille’ (in respect of 
countries which are signatories 
to the Hague Apostille 
Convention of 1961) or by 
Indian embassy or High 
Commission or Consulate in 
the country where the applicant 
is located; or 
(b) copy of registration 
certificate issued in India or of 
approval granted to set up 
office in India by Indian 
Authorities. 
10 Firm formed or 
registered outside 
India 
49AA (a) copy of Certificate of 
Registration issued in the 
country where the applicant is 
located, duly attested by 
‘Apostille’ (in respect of 
countries which are signatories 
to the Hague Apostille 
Convention of 1961) or by 
Indian embassy or High 
Commission or Consulate in 
the country where the applicant 
is located; or 
(b) copy of registration 
certificate issued in India or of 
approval granted to set up 
office in India by Indian 
Authorities. 11 Association of 
persons(Trusts) 
formed outside India 
49AA (a) copy of Certificate of 
Registration issued in the 
country where the applicant is 
located, duly attested by 
‘Apostille’ (in respect of 
countries which are signatories 
to the Hague Apostille 
Convention of 1961) or by 
Indian embassy or High 
Commission or Consulate in 
the country where the applicant 
is located; or 
(b) copy of registration 
certificate issued in India or of 
approval granted to set up 
office in India by Indian 
Authorities. 
12 Association of 
persons (other than 
Trusts) or body of 
individuals or local 
authority or artificial 
juridical person 
formed or any other 
entity (by whatever 
name called) 
registered outside 
India 
49AA (a) copy of Certificate of 
Registration issued in the 
country where the applicant is 
located, duly attested by 
‘Apostille’ (in respect of 
countries which are signatories 
to the Hague Apostille 
Convention of 1961) or by 
Indian embassy or High 
Commission or Consulate in 
the country where the applicant 
is located; or 
(b) copy of registration 
certificate issued in India or of 
approval granted to set up 
office in India by Indian 
Authorities. 
“ (B) in Appendix-II, for Form 49A, the following Forms shall be substituted, 
namely: - . [Notification No. 56/2011/ F.No.133 /48/2011 – SO (TPL)] 
 (ASHIS MOHANTY) 
Under Secretary to the Government of India 
Note. - The principal rules were published vide Notification No.S.O.969 (E), 
dated the 26
th
 March, 1962 and last amended by Income-tax (6th 
Amendment) Rules, 2011 vide Notification S.O. No. 1497(E) dated 1
st
 July, 
2011. 
Advertisements

About advocatemmmohan

ADVOCATE

Discussion

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog Stats

  • 48,690 hits

advocatemmmohan

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 41 other followers

%d bloggers like this: