SCHEME OF ADVANCE RULINGS FOR NON-RESIDENTS UNDER THE INCOME-TAX ACT,1961

HOW TO SEEK ADVANCE RULING?

The applicant may seek advance ruling by making an application to the Authority in the prescribed form and manner which is indicated below as an example:

PREPARATION AND PRESENTATION OF APPLICATION

• The application, in quadruplicate, should be presented in the prescribed form (Form No. 34C) either by the applicant in person or by an authorised representative or may be sent by registered post to the Authority.
• The application and the accompanying annexures may be neatly typed on one side of plain paper of A-4 size (210 x 297 mm) leaving a minimum margin of 30 mm on all the four sides and may be duly indexed and paged.
• Only photocopies of the documents on A-4 size may be enclosed with the application except when a document cannot be legibly reduced to A-4 size on photocopier and, in the latter case, it should be folded to A-4 size.
• All copies of the application along with annexures and documents may have loose sheets stapled on the left hand corner. These copies need not be in the form of paper books.
• If the applicant is not assessed to tax in India, he may indicate in Annex-I to the application.
• his head office in a country other than India; and
• place where his office and residence are located or are likely to be located in India.
• The question(s) of law or fact on which advance ruling is sought may be stated clearly in the application.

SIGNING OF APPLICATION

The application including the documents annexed thereto shall be signed in the manner indicated in Note 12 to Form No. 34C. Where a person signing the application and other documents claims to have been duly authorised to do so, the application must include a power of attorney, authorising him to sign and an affidavit setting out the unavoidable reasons which entitle him to sign it.

AUTHORISED REPRESENTATIVE

The applicant is entitled to represent his case before the Authority either personally or through an authorised representative. If the applicant desires to be represented by an authorised representative, a duly authenticated document authorising him to appear for the applicant should be enclosed in original.

PAYMENT OF FEE

The application should be accompanied by a fee of Rs.2,500 (two thousand five hundred Indian rupees through a bank draft drawn in favour of the 'Authority for Advance Rulings' payable at New Delhi.

WITHDRAWAL OF APPLICATION

The applicant may withdraw his application within 30 days
from the date of filing the application.

WHAT IS THE TIME LIMIT FOR PRONOUNCING THE ADVANCE RULING ?

The advance ruling is required to be pronounced by the Authority within six months of the receipt of a valid application.

IS ADVANCE RULING BINDING?

Advance ruling pronounced by the Authority would be binding in respect of the transaction(s) in relation to which ruling has been sought:

• On the Commissioner and the income tax authorities subordinate to him in respect of the applicant; and
• on the applicant who had sought it.

CONFIDENTIALITY

The contents of the application would not be disclosed to unauthorised persons.

Frequently Asked Questions By Non-Resident Indians

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