Notification No.5 of 2021

DGIT(S)-ADG(S)-3/ e-Filing Notification/Form34BB/ 20211

What this is

Notification No.5 of 2021 was published on 24 May 2021. Its subject is DGIT(S)-ADG(S)-3/ e-Filing Notification/Form34BB/ 20211.

What it does

Issued by the Director General of Income Tax (Systems) under sub-rules (3) and (4) of rule 44DA of the Income-tax Rules, 1962, this notification lays down the procedure for exercising the option under sub-section (1) of section 245M and intimating it by furnishing Form No. 34BB under sub-rule (1) of rule 44DA. The procedure has two steps: an assessee who wishes to withdraw a pending application filed under section 245C first files basic details — permanent account number, name, assessment year, date of filing of the section 245C application, application number, Settlement Commission bench, Principal Commissioner charge and email — on a departmental online form, by 15 June 2021; a system-generated letter then issues on his e-filing account calling for the signed printout of Form No. 34BB. In the second step the assessee logs in to the e-filing portal, goes to the e-proceedings tab and the link for furnishing Form No. 34BB, and uploads the scanned signed printout, duly verified as required by sub-rule (2) of rule 44DA, in PDF at 300 DPI. Online submission in this two-step manner is treated as submission to the assessing officer under section 245M(1).

Who it reaches

assessees with an application under section 245C pending before the Settlement Commission who wish to withdraw it
their authorised representatives filing on the e-filing portal
assessing officers to whom the withdrawal intimation is treated as made
the Directorate of Income Tax (Systems) operating the portal

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.

Under the 1961 Act	Now
s.245M	no counterpart recorded

The instrument, as the Board published it

The department publishes this one only as a PDF, so the words below were read out of that PDF by machine. That reading can carry its own mistakes — a misread number, a broken line. Check the signed document before you rely on a figure in it.

DGIT(S)-ADG(S)-3/ e-Filing Notification/Form34BB/ 20211
Government of India
Ministry of Finance
Central Board 01 Direct Tax
Directorate 01 Income Tax (Systems), New Delhi
Notification No.OS 01 2021
New Delhi, the 24thMay,2021
Procedure for exercise of option under sub-section (1) of section 245M and intimation thereof by
furnishing and upload 01 Form No. 34BB under sub-rule (1)01 Rule 44DAol Income-lax Rules, 1962
In exercise 01 the powers conlerred by the Department 01 Revenue, Ministry 01 Finance, under sub-rule (3)
and sub-rule (4) 01 Rule 44DA 01 thelncome-tax Rules, 1962 ('the Rules'), theDirector General of Income Tax
(Systems) hereby specify the following procedures:

2. Furnishing and upload of Form No. 34BB to exercise option under sub-section (1) 01 section 245M - 2
step procedure:

Stepl: Provide basic details for assessees intending to exercise option under sub-section (1) of section
245M
i. The assessee who wish to exercise option for withdrawal applicationfiled u/s 245C and such
application is pending, shall first provide the basic details in following format on the form placed at
www.nic.in:
PAN
https:Unidorms.mp.nic.in/nicforms designer/nie form selector.ohp?form id=:enRhYmxlNjA2Z0My
N2RiNTgOZTlwMjEwNDA3MzE=(short URL :https:lltinyurl.com/form34bb). The details of the link has
also been made available on E-Filing portal of the Department: www.incometaxindiaefiling.gov.in (
also on . www incometax ~ov in with effect from 7 th June 2021)

Name of Date 01 filing Bench 01 PCIT Email
the AY application Applicat Settlement (in the format id
uls 245C ian No. PClT-xx, Place)
assessee Commission

ii. In case there are more than one assessment year for which the application for settlement u/s 245C
is made, the assessee shall provide only the 1" year under AY column in above table. In case of block
assessment, the assessment year to be provided shall be the 1" year of the block.
iii. The details shall be provided by 15-June-2021.
iv. Based on these details, a system generated letter shall be generated through ITBA System to the
assessee on his e-filing accountrequiring the assessee to upload signed printout of Form No. 34BB.
The assessee should be a registered user on the E-filing Portal of the Department to proceed further.

Step2:UpIoacI of signed copy of Form No_ 34BB on E-liII", Portal of the Department:
i. The assessee, to whom intimation to upload Form No. 34BB is generated, shall upload scanned
printout of Form No. 34BB, duly verified as per sub-rule (2) of Rule 44DA of the RuleS,online on the
.. Filing portal of the Department: www.incometax.gov.in.

ii. The assessee is required to login into the e-Filing portal: www.incometax.gov.in using their valid
credentials.
iii. A link for upload of Form No. 34BBhas been provided under e-Filing portal: www.incometax.gov.ln
7 Login using User name and password 7 Select e-proceedings Tab 7 Select 'Furnishing of Form
34BB' 7 upload scanned printout of the Form.
iv. The sca nned printout of the Form should be in pdf format with a scan clarity of 300 DPI.
v. The form can be submitted by clicking on "Submit" button.
vi. The assessee shall upload signed printout of the Formwithin the date specified under sub-section (1)
of section 245M. The date of upload of signed printout of the Form shall be the date on which such
application is withdrawn.

3. Viewing submitted Forms
The submitted Form would be available for view and download by going to www.incometax.gov.in 7Login
using User name and password 7Select e-proceedings Tab 7 'Furnishing of Form 34BB' ->Select 'View
submission'

4. Submission to the Assessing Officer.-
Online submission of Form No. 3488 in the 2 stepmanner prescribed herein would be treated as submission
to the Assessing Officer as per sub-section (1) of section 245M of the Act.

5. Instructions/FAQs to provide details of pending application and upload signed printout
are available on the e-Filing Portal.

Copyto:-
1. PPS to the Chairman and Members, CBDT, North Block, New Delhi.
2. All Pro Chief Commissioners/ Director Generals of Income Tax-with a request to circulate amongst all
officers in their regions/ charges.
3. JSITPL)-I &Il/Media coordinator and Official Spokesperson of CBDT.
4. DITIIT)/DITIAudit)/DIT(Vig)/ADGISystem)1,2,3,4,5/CITIITBA),CITICPC)-Bengaluru,CIT(CPC-TDS)-Ghaziabad
5. ADG(PR.PP&OL) with a request for advertisement campaign for the Notification.
6. TPL and ITA Divisions of CSDT
7. The Institute of Chartered Accountants of India, IP Estate, New Delhi.
8. Web Manager, "incometaxindia.gov.in"for hosting on the 'website'.
9. Database cell for uploading on www.irsofficersonline.gov.in and DG System's Corner.
10. lTBA publisher for uploading on lTBA website

/'
(RameSh KrfIhMmurthl)
AddI. I ?rwns"3, CBDT

What it changes

The rule numbers are the 1962 Rules’ own, as the notification names them. The right-hand column is the department’s own mapping into the Income-tax Rules, 2026, which renumbered nearly everything.

Rule of the 1962 Rules	Now, in the 2026 Rules
Rule 44DA	no counterpart recorded

Forms it touches. Form No. 34BB

From when

24 May 2021, the date of the notification.

What to watch

The basic details in the first step had to be given by 15 June 2021.
The date on which the signed printout of Form No. 34BB is uploaded is the date on which the section 245C application is treated as withdrawn, and the upload must be within the date specified in section 245M(1).
Where the application covers more than one assessment year, only the first year is to be entered, and in a block assessment the first year of the block.
The assessee must already be a registered user of the e-filing portal to complete the second step; the text is an OCR of a scan and the portal addresses in it are garbled, so the links should be taken from the department's own site.

Where you meet it

On the e-filing portal under the e-proceedings tab, where Form No. 34BB is furnished to withdraw a pending settlement application, and in the assessing officer's record of that withdrawal.

What it names

Forms it names. Form No. 3488, Form No. 34BB, Form No. 34BBHA

Rules it names. Rule 44DA, 44DAOL 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.

What a notification is. A notification is made under a power the Act itself gives, and within that power it is law — unlike a circular, which only binds the department. Its reach is the reach of the enabling provision and no wider, and the date it carries decides from when it works.

Source: the Income Tax Department’s own published text — its page for this instrument.