CBDT notifies revised forms for filing of an application for ‘Advance Ruling’

Notification No. 49/2022, dated 05-05-2022

To provide an alternative method of providing prompt advance ruling to the taxpayers, the Finance Act 2021 had constituted a Board for Advance Ruling. The Finance Act 2021 had inserted a new Section 245-OB to empower the Central Government to constitute one or more Board for Advance Rulings for giving advance rulings on and after the notified date.
Later, the Govt. constituted Boards for Advance Ruling vide notification no. 96/2021, dated 01-09-2022 and also notified e-advance rulings Scheme, 2022 applicable with effect from 18-01-2022 vide Notification No. 07/2022, dated 18-01-2022.

The Finance Act, 2021 had also amended section 245Q to provide that the pending application with the Authority i.e. in respect of which order under section 245R(2) or section 245R(4) has not been passed, shall be transferred to the Board for Advance Rulings along with all records, documents or material, by whatever name called and shall be deemed to be the records before the Board for all purposes.

To enable the processing of such pending cases, the Central Board of Direct Taxes (CBDT) has amended Rule 44E of the Income-tax Rules, and also substituted Forms to carry out necessary modifications. The following are the key changes introduced by the board in Rule 44E:

1. 1. Word ‘quadruplicate’ removed
      As per the e-advance rulings Scheme, 2022, an application for advance ruling shall be made electronically. Thus the requirement of making applications in quadruplicate became redundant and accordingly removed from Rule 44E.
   2. Application to be digitally signed
      The application for advance ruling shall be digitally signed and communication shall be done through the applicant’s registered e-mail address. The necessary changes have been introduced in Rule 44E in this regard with respect to different types of taxpayers.
   3. Substitution of Form no. 34C to Form no. 34EA
      All existing forms applicable for filing of the application in respect of the different classes of non-residents as referred to in section 245N have been substituted.

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