Notification No. 31/2018 [F.No. 370142/34/2016-TPL(Part)] / GSR 647(E)

The text, as the department published it

Read from the department’s own PDF, linked below, and reproduced without editing. Line breaks and spacing are ours; the words are not. For anything you rely on, read the file itself.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF DIRECT TAXES NOTIFICATION New Delhi, the 13th of July, 2018 INCOME-TAX G.S.R. 647 (E).― In exercise of the powers conferred by section 295 read with sub -section

(1) of section 245Q 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. Short title and commencement.-

(1) These rules may be called the Income-tax (7th Amendment) Rules, 2018.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Income- tax Rules, 1962,― (A) in rule 44E, in sub- rule (1),―

(i) in clause (c), for the words, brackets and letters “sub - clause (iia) of clause (b)”, the words, brackets and letters “item (III ) of sub- clause (A) of clause (b)” shall be substituted;

(ii) in clause (d), for the w ords, brackets and letter “sub -clause (iii ) of clause (b)”, the words, brackets and letters “item ( IV) of sub- clause (A) of clause (b)” shall be substituted;

(iii) in clause (e), for the words, brackets and letters “sub - clause (iiia) of clause (b)”, the words, brackets and letters “item ( V) of sub- clause (A) of clause (b)” shall be substituted; (B) in the Appendix II, ―

(i) in Form 34C,-

(a) in the heading , for the words “Form of application” , the words “Form of application by a non- resident applicant” shall be substituted;

(b) after item 13, the following items shall be inserted, namely:― “14. Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification by the Government of that country/specified territory of which applicant claims to be a resident. 1 5 . Particulars of the Parent Company( - ies) of the applicant:

(a) Name of Immediate parent company of applicant

(b) Address of Immediate parent company of applicant

(c) Country of residence of Immediate parent company of applicant

( d ) Permanent Account Number of Immediate parent company of applicant (if alloted) ( e ) Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification of the Immediate parent company of applicant by the Government of that country/specified territory of which it claims to be a res ident ( f ) Name of Ultimate parent company of applicant

(g) Address of Ultimate parent company of applicant ( h ) Country of residence of Ultimate parent company of applicant ( i ) Permanent Account Number of Ultimate parent company of applicant (if alloted) ( j ) Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification of the Ultimate parent company of applicant by the Government of that country/specified territory of which it claims to be a resident ” ;

(ii) in Form 34D, for item 5, the following item shall be substituted, namely:― “5 . Particular(s) of the non - resident with whom the transaction is undertaken or proposed to be undertaken

(a) Name of the non-resident

(b) Address of the non-resident

(c) Telephone and Fax Number of the non-resident

(d) Permanent Account Number of the non-resident (if alloted)

(e) Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification of the non-resident by the Government of that country/specified territory of which it claims to be a resident.

(f) Name of Immediate parent company of the non-resident

(g) Address of Immediate parent company of the non-resident

(h) Country of residence of Immediate parent company of the non- resident

(i) Permanent Account Number of Immediate parent company of the non-resident (if alloted)

(j) Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification of the Immediate parent company of the non-resident by the Government of that country/specified territory of which it claims to be a resident

(k) Name of Ultimate parent company of the non-resident

(l) Address of Ultimate parent company of the non-resident

(m) Country of residence of Ultimate parent company of the non- resident

(n) Permanent Account Number of Ultimate parent company of the non-resident (if alloted)

(o) Taxpayer Registration Number/ Taxpayer Identification Number/ Functional equivalent/ Any unique number used for identification of the Ultimate parent company of the non-resident by the Government of that country/specified territory of which it claims to be a resident ” ;

(iii) in Form 34DA, in the heading , for the word, figures, brackets and letters “ section 245N(b)(iia)”, the word, figures, brackets and letters “section 245N(b)(A)(III)” shall be substituted. [Notification No. 31/2018/F.No. 370142/34/2016-TPL(Part)] (Dr. T.S. Mapwal) Under Secretary (Tax Policy and Legislation) Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section

(ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended vide notification number S.O. No. 2087(E) dated the 24th May, 2018.