602. Application for approval of agreement to be made in prescribed form and verified in prescribed manner
Circular No. 533 was issued by the Central Board of Direct Taxes on 27 March 1989. Its subject is 602. Application for approval of agreement to be made in prescribed form and verified in prescribed manner.
This amends the Income-tax Rules. What it changes is the Rules, not the Act — and a rule can never take away what the section gives.
Changes where and in what form an application for approval of an agreement under section 80-O is filed. Following the amendment of the section by the Finance Act, 1988 requiring the application to be in a prescribed form and verified in a prescribed manner, rule 11E was inserted by Notification No. S.O. 1108(E) dated 28 November 1988 with effect from 1 April 1989, prescribing Form No. 10F. The Board's power to approve the agreement has been delegated to Chief Commissioners and Directors General of Income-tax from 1 April 1989, and every application pending with the Board immediately before that date stands transferred to the concerned Chief Commissioner or Director General for disposal. From 1 April 1989 the application, in the prescribed form, is filed before that officer, in triplicate with enclosures, signed by the person authorised to sign the applicant's return of income.
The section was amended, the form was prescribed by a new rule, and the approving power was delegated, so the earlier practice under circular No. 187 dated 23 December 1975 had to be replaced.
602. Application for approval of agreement to be made in prescribed form and verified in prescribed manner
1. Attention is invited to the Board’s Circular No. 187, dated 23-12-1975, wherein the form of application to be filed before the Central Board of Direct Taxes under section 80-O of the Income-tax Act, 1961, was prescribed.
2. By an amendment made to this section by the Finance Act, 1988, it has now been provided that the application for approval of the agreement should be made in the prescribed form and verified in the prescribed manner. Vide Notification No. S.O. 1108(E), dated 28-11-1988, a new rule 11E has been inserted in the Income-tax Rules, 1962, with effect from 1-4-1989, prescribing that the application form for approval of the agreement under section 80-O should be in Form No. 10F.
3. Further the powers of the Board to approve the agreement have been delegated to the Chief Commissioners/Directors General of Income-tax with effect from 1-4-1989. Every application pending for approval under this section with the Board immediately before 1-4-1989 shall stand transferred to the concerned Chief Commissioner/Director General of Income-tax for disposal.
4. With effect from 1-4-1989, the application for approval of the agreement under section 80-O of the Income-tax Act, 1961 in the Prescribed form should be filed before the concerned Chief Commissioner/Director General of Income-tax. As per the present practice, the application along with enclosures signed by the person authorised to sign the return of income on behalf of the applicant, should be filed in triplicate.
Circular : No. 533, dated 27-3-1989.
In an old section 80-O matter where the deduction turns on whether the agreement was validly approved.
Forms it names. Form No. 10F
Rules it names. Rule 11E of the Income-tax Rules, 1962. The 1962 Rules were replaced by the Income-tax Rules, 2026, which renumbered nearly everything: a rule number quoted here almost never means the same rule today.
Source: the Income Tax Department’s own published text — its page for this instrument.
