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Rule 10UB, Income Tax Rules 1962: Notice Forms for reference u/s 144BA

Rule 10UB - Notice, Forms for reference under section 144BA
(Application of General Anti Avoidance Rule)

(1) For the purposes of sub-section (1) of section 144BA, the Assessing Officer shall, before making a reference to the Commissioner, issue a notice in writing to the assessee seeking objections, if any, to the applicability of provisions of Chapter X-A in his case.

(2) The notice referred to in sub-rule (1) shall contain the following:—
(i)  details of the arrangement to which the provisions of Chapter X-A are proposed to be applied;
(ii)  the tax benefit arising under the arrangement;
(iii) the basis and reason for considering that the main purpose of the identified arrangement is to obtain tax benefit;
(iv) the basis and the reasons why the arrangement satisfies the condition provided in clause (a), (b), (c) or (d) of sub-section (1) of section 96; and
(v)  the list of documents and evidence relied upon in respect of (iii) and (iv) above.
(3) The reference by the Assessing Officer to the Commissioner under sub-section (1) of section 144BA shall be in Form No. 3CEG.

(4) Where the Commissioner is satisfied that the provisions of Chapter X-A are not required to be invoked with reference to an arrangement after considering—
(i)  the reference received from the Assessing Officer under sub-section (1) of section 144BA; or
(ii)  the reply of the assessee in response to the notice issued under sub-section (2) of section 144BA,
he shall issue directions to the Assessing Officer in Form No. 3CEH.
(5) Before a reference is made by the Commissioner to the Approving Panel under sub-section (4) of section 144BA, he shall record his satisfaction regarding the applicability of the provisions of Chapter X-A in Form No. 3CEI and enclose the same with the reference.

Extra Notes for Readers:

- Rule 10UB was introduced by the Income Tax (17th Amendment) Rules, 2013, which came into force on the 1st day of April, 2016.

Check at Income Tax Dept. official site for latest version of the Rule.

This page was last updated on 17th October 2016.