Thursday 23 January 2014

Latest Amendment in Settlement of Commission Rules by CBDT

The Central Board of Direct Taxes has been issued a notification regarding amendment in section 245D for Settlement of Commission adates.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, 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 15th January, 2014

S.O. 108 (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 (1st Amendment) Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Income Tax Rules, 1962, in rule 44CA,-
(a) in sub-rule (1), for the bracket and words "(other than the Annexure and the statement", the bracket and words "(including the Annexure and the statements)" shall be substituted;
(b) for sub-rule (2), the following sub-rules shall be substituted, namely:-
"(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 that section, all the material and other information produce by the assessee before the Settlement Commission shall be sent to the Commissioner to enable him to furnish the report under sub-section (3) of section 245D.
(3) Where the proceeding before the Settlement Commission adates, the Commission shall sent, all the material and other information produced by the assessee before the Commission and the results of any enquiry held or evidence recorded in the course of proceedings before it, to the Commissioner".

[Notification No. 5/2014][F.No.142/32/2013-TPL]

[Ashis Mohanty]
Under Secretary to Government of India


Note:- The principal rules were published in the Gazette of India, Extraordinary, vide notification S.O. 969 (E), dated 26th March, 1962 and last amended by the Income-Tax (19th Amendment) Rules, 2013 vide notification S.O. 3794 (E) dated the 23rd December, 2013. 

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