INCOME-TAX RULES, 1962

 

 

PART I

PRELIMINARY

1

Short title and commencement

2

Definitions

 

PART II

DETERMINATION OF INCOME

A. —Salaries

2A

Limits for the purposes of section 10(13A)

2B

Conditions for the purpose of section 10(5)

2BA

Guidelines for the purposes of section 10(10C)

2BB

Prescribed allowances for the purposes of clause (14) of section 10

2BC

Amount of annual receipts for the purposes of sub-clauses (iiiad) and (iiiae) of clause (23C) of section 10

2C

Application under section 10(23) and under sub-clauses (iv) and (v) of section 10(23C)

2CA

Guidelines for approval under sub-clauses (vi) and (via) of clause (23C) of section 10

2D

Guidelines for approval under clause (23F) of section 10

2DA

Guidelines for approval under clause (23FA) of section 10

2E

Guidelines for approval under clause (23G) of section 10

3

Valuation of perquisites

3A

Exemption of medical benefits from perquisite value in respect of medical treatment of prescribed diseases or ailments in hospitals approved by the Chief Commissioner

 

B.—Income from house property

4

Unrealised rent

 

C.—Profits and gains of business or profession

5

Depreciation

5A

Form of report by an accountant for claiming deduction under section 32(1)(iia)

5AA

Prescribed authority for investment allowance

5AB

Report of audit of accounts to be furnished under section 32AB(5)

5AC

Report of audit of accounts to be furnished under section 33AB(2)

5AD

Report of audit of accounts to be furnished under section 33ABA(2)

5B

Development rebate

6

Prescribed authority for expenditure on scientific research

6A

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

6AA

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

6AAA

Prescribed authority for the purposes of sections 35CC and 35CCA

6AAB

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

6AAC

Prescribed authority for the purposes of section 35CCB

6AB

Form of audit report for claiming deductions under sections 35D and 35E

6ABA

Computation of aggregate average advances for the purposes of clause (viia) of sub-section (1) of section 36

6ABB

Form of report for claiming deduction under clause (xi) of sub-section (1) of section 36

6AC

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

6B

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

6C

[OMITTED BY THE IT (AMDT.) RULES, 1973, W.E.F. 1-4-1973]

6D

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

6DD

Cases and circumstances in which payment in a sum exceeding twenty thousand rupees may be made otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft

6E

Limits of reserve for unexpired risks

6EA

Special provision regarding interest on bad and doubtful debts of financial institutions, banks, etc.

6EB

Categories of bad or doubtful debts in the case of a public company under clause (b) of section 43D

 

CC.—Books of account

6F

Books of account and other documents to be kept and maintained under section 44AA(3) by persons carrying on certain professions

 

CCC.— Reports of audit of accounts of persons carrying on business or profession

6G

Report of audit of accounts to be furnished under section 44AB

 

CCCA.— Report of audit in case of income by way of royalties etc. in case of non-residents

6GA

Form of report of audit to be furnished under sub-section (2) of section 44DA

 

CCCC.—Report in the case of slump sale

6H

Form of report of an accountant under sub-section (3) of section 50B

 

D.—Special cases

7

Income which is partially agricultural and partially from business

7A

Income from the manufacture of rubber

7B

Income from the manufacture of coffee

8

Income from the manufacture of tea

8A

Conditions for the grant of development allowance

9

Royalties or copyright fees, etc., for literary or artistic work

9A

Deduction in respect of expenditure on production of feature films

9B

Deduction in respect of expenditure on acquisition of distribution rights of feature films

9C

Conditions for carrying forward or set off of accumulated loss and unabsorbed depreciation allowance in case of amalgamation

10

Determination of income in the case of non-residents

10A

Meaning of expressions used in computation of arm’s length price

10B

Determination of arm’s length price under section 92C

10C

Most appropriate method

10D

Information and documents to be kept and maintained under section 92D

10E

Report from an accountant to be furnished under section 92E

11

[OMITTED BY THE IT (TWENTY-FIRST AMDT.) RULES, 2001, W.E.F. 21-8-2001]

 

E.—Deductions to be made in computing total income

11A

Certificate to be obtained from the medical authority for the purposes of deduction under section 80DD and section 80U

11AA

Requirements for approval of an institution or fund under section 80G

11B

Conditions for allowance for deduction under section 80GG

11C

Prescribed fields for the purposes of deduction in respect of remuneration received from foreign employers or Indian concerns under section 80RRA

11D

Omitted by the IT (Twentieth Amdt.) Rules, 2003, w.r.e.f. 1-4-2003

11DD

Specified diseases and ailments for the purposes of deduction under section 80DDB

11E

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

11EA

Guidelines for specifying industrially backward districts for the purpose of deduction under sub-section (5) of section 80-IB

 

EE.—Statement under the simplified procedure for taxation of retail traders, etc., under Chapter XII-C

11EE

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

 

F. National Committee for Promotion of Social and Economic Welfare

11F

General

11G

Composition of the National Committee

11H

Headquarters and Secretariat

11-I

Functions

11J

Guidelines for approval of associations and institutions

11K

Guidelines for recommending projects or schemes

11L

Application for approval of an association or institution or for recommendation of a project or scheme by the National Committee

11M

Procedure before the National Committee

11N

Other provisions

11-O

Certificate of payment or expenditure in respect of eligible projects or schemes notified under section 35AC

 

G. Tonnage tax scheme for shipping companies

11P

Application for exercising or renewing the option for tonnage tax scheme

 

PART III

ASSESSMENT PROCEDURE

12

Return of income

12A

Preparation of return by authorised representative

12B

Statement under sub-section (3A) of section 115R

12C

Statement under sub-section (2) of section 115U

13

[OMITTED BY THE IT (FIFTH AMDT.) RULES, 1989, W.E.F. 18-5-1989]

14

Form of verification under section 142

14A

Form of audit report under section 142(2A)

14B

[OMITTED BY THE IT (FIFTH AMDT.) RULES, 1989, W.E.F. 18-5-1989]

15

Notice of demand for regular assessment, etc.

 

PART IIIA

AVOIDANCE OF REPETITIVE APPEALS

16

Declaration under section 158A

 

PART IV

TAX EXEMPTIONS AND RELIEFS

16A

Prescribed authority for approving any institution or body established for scientific research

16B

Prescribed authority for the purposes of clauses (8A) and (8B) of section 10

16C

Requirements for approval of a fund under section 10(23AAA)

16D

Form of Report for claiming deduction under section 10A

16DD

Form of particulars to be furnished along with return of income for claiming deduction under clause (b) of sub-section (1B) of section 10A

16E

Form of Report for claiming deduction under section 10B

16F

Form of report for claiming deduction under section 10BA

17

Notice for accumulation of income by charitable or religious trust or institution or association referred to in clauses (21) and (23) of section 10

17A

Application for registration of charitable or religious trusts, etc.

17B

Audit report in the case of charitable or religious trusts, etc.

17C

Forms or modes of investment or deposits by a charitable or religious trust or institution

17D

Prescribed foreign projects for the purposes of deduction in respect of profits and gains from projects outside India under section 80HHB

18

[OMITTED BY THE IT (THIRD AMDT.) RULES, 1973, W.E.F 1-4-1974]

18A

[OMITTED BY THE IT (THIRD AMDT.) RULES, 1976, W.E.F 1-4-1976]

18AA

[OMITTED BY THE IT (FIFTH AMDT.) RULES, 1996, W.R.E.F. 1-4-1993]

18AAA

Prescribed authority for approval of a University or any educational institution of national eminence for the purpose of section 80G

18AAAA

Prescribed authority for the purpose of receiving separate accounts from trusts or funds or institutions for providing relief to the victims of earthquake in Gujarat

18AAAAA

Guidelines for specifying an association or institution for the purposes of notification under clause (c) of sub-section (2) of section 80G

18AAB

Prescribed authority for approval of companies engaged in Scientific and Industrial Research and Development for the purposes of section 80-IA

18B

Form of audit report for claiming deduction under section 80HH

18BB

Form of audit report for claiming deduction under section 80HHA

18BBA

Form of reports for claiming deduction under section 80HHB or under section 80HHC or under section 80HHD and prescribed authority under section 80HHD

18BBB

Form of audit report for claiming deduction under section 80-I or section 80-IA or section 80-IB

18BBC

Prescribed authority for approval of hotels located in certain areas

18BBD

Prescribed authority for approval of companies carrying on Scientific and Industrial Research and Development

18BBE

Computation of profits of certain activities forming integral part of a highway project for the purpose of section 80-IA

18C

Eligibility of Industrial Parks and Special Economic Zones for benefits under section 80-IA(4)(iii)

18D

Prescribed authority for approval of companies carrying on scientific research and development

18DA

Prescribed conditions for deduction under sub-section (8A) of section 80-IB

18DB

Prescribed area, facilities and amenities for multiplex theatres and particulars of audit report, for deduction under sub-section (7A) and clause (da) of sub-section (14) of section 80-IB

18DC

Prescribed area, facilities and amenities for convention centres and particulars of audit report, for deduction under sub-section (7B) and clause (aa) of sub-section (14) of section 80-IB

19

[OMITTED BY THE IT (FIFTH AMDT.) RULES, 1989, W.E.F. 18-5-1989]

19A

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

19AB

Form of report for claiming deduction under section 80JJAA

19AC

Form of certificate to be furnished under sub-section (3) of section 80QQB

19AD

Prescribed authority for purposes of sub-section (2) of section 80RRB and Form of certificate to be furnished under sub-section (2) of section 80RRB

19AE

Form of report of accountant to be furnished under sub-section (3) of section 80LA

20

Guidelines for approval under clause (xvi) of sub- section (2) of section 88

20A

Guidelines for approval under clause (xvii) of sub- section (2) of section 88

21

[OMITTED BY THE IT (FIFTH AMDT.) RULES, 1989, W.E.F. 18-5-1989]

21A

Relief when salary is paid in arrears or in advance, etc.

21AA

Furnishing of particulars for claiming relief under section 89(1)

21B

[OMITTED BY THE IT (THIRTY-SECOND AMDT.) RULES, 1999, W.E.F. 19-11-1999]

 

PART V

REGISTRATION OF FIRMS

22

Application for registration of a firm

23

Intimation regarding subsequent changes in constitution, etc.

24

Declaration for continuation of registration

24A

Communication regarding partner who is a benamidar

25

Certificate of registration

 

PART VI

DEDUCTION OF TAX AT SOURCE

26

Rate of exchange for the purpose of deduction of tax at source on income payable in foreign currency

26A

Furnishing of particulars of income under the head "Salaries"

26B

Statement of particulars of income under heads of income other than ‘Salaries’ for deduction of tax at source

27

Prescribed arrangements for declaration and payment of dividends within India

28

Application for certificates for deduction of tax at lower rates

28A

[OMITTED BY THE IT (THIRD AMDT.) RULES, 1996, W.E.F. 2-7-1996]

28AA

Certificate of no deduction of tax or deduction at lower rates from income other than dividends

28AB

Certificate of no deduction of tax in case of certain entities

29

Certificate of no deduction of tax or deduction at lower rates from dividends

29A

Form of certificate to be furnished along with the return of income under sub-section (4) of sections 80QQB,80R,80RR and 80RRA, and sub-sec.(3) of sec.80RRB and the prescribed authority for the purposes of sub-section (4) of section 80QQB and sub-section (3) of section 80RRB

29AA

Form of certification to be filled with the return of income for claiming deduction under section 80-O

29B

Application for certificate authorising receipt of interest and other sums without deduction of tax

29C

Declaration by person claiming receipt of certain incomes without deduction of tax.

30

Time and mode of payment to Government account of tax deducted at source or tax paid under sub-section (1A) of section 192

30A

[OMITTED BY THE IT (TWENTY-FOURTH AMDT.) RULES, 2003, W.E.F. 1-10-2003]

31

Certificate of tax deducted at source or tax paid under sub-section (1A) of section 192

32

[OMITTED BY THE IT (THIRD AMDT.) RULES, 1996, W.E.F. 2-7-1996]

33

Statement of deduction of tax from contributions paid by the trustees of an approved superannuation fund

34

[OMITTED BY THE IT (SIXTH AMDT.) RULES, 1988, W.E.F. 12-7-1988]

35

[OMITTED BY THE IT (SIXTH AMDT.) RULES, 1988, W.E.F. 12-7-1988]

36

Prescribed persons for section 206

36A

Income-tax authority for purposes of section 206

37

Prescribed returns regarding tax deducted at source under section 206

37A

Returns regarding tax deducted at source in the case of non-residents

37AA

[OMITTED BY THE IT (FOURTH AMDT.) RULES, 1997, W.E.F. 19-3-1997]

37B

Returns regarding tax deducted at source on computer media under sub-section (2) of section 206

 

PART VIA

COLLECTION OF TAX AT SOURCE

37C

Declaration by a buyer for no collection of tax at source under section 206C(1A)

37CA

Time and mode of payment to Government account of tax collected at source under section 206C

37D

Certificate for collection of tax at source under section 206C(5)

37E

Prescribed returns regarding tax collected at source under section 206C(5A)

37EA

Returns regarding tax collected at source on computer media under sub-section (5B) of section 206C

37F

Income-tax authority for purposes of section 206C(5A)

37G

Application for certificate for collection of tax at lower rates under sub-section (9) of section 206C

37H

Certificate for collection of tax at lower rates from buyer under sub-section (9) of section 206C

 

PART VII

PAYEMENT OF ADVANCE TAX

38

Notice of demand

38A

[OMITTED BY THE IT (TENTH AMDT.) RULES, 1989, W.E.F. 13-9-1989]

39

Estimate of advance tax

40

Waiver of interest

 

PART VIIA

TAX CREDIT

40A

[OMITTED BY THE IT (FIFTH AMDT.) RULES, 1989, W.E.F. 18-5-1989]

 

PART VIIB

MINIMUM ALTERNATE TAX

40B

Special provision for payment of tax by certain companies

 

PART VIII

REFUNDS

41

Refund claim

 

PART IX

TAX CLEARANCE CERTIFECATES

42

Prescribed authority for tax clearance certificates

43

Forms and certificates for the purpose of sub-sections (1) and (1A) of section 230

44

Production of certificate

44A

Application for tax clearance certificate for registration of documents in certain cases

44B

Grant of tax clearance certificate or refusal

 

PART IX-A

SETTLEMENT OF CASES

44C

Form of application for settlement of case

44CA

Disclosure of information in the application for settlement of cases

44D

Fee for furnishing copy of report

 

PART IX-B

ADVANCE RULINGS

44E

Form of application for obtaining an advance ruling

44F

Certification of copies of the advance rulings pronounced by the Authority

 

PART IX-C

MUTUAL AGREEMENT PROCEDURE

44G

Application for giving effect to the terms of any agreement under clause (h) of sub-section (2) of section 295

44H

Action by the Competent Authority of India and procedure for giving effect to the decision under the agreement

 

PART X

APPEALS

45

Form of appeal to Commissioner (Appeals)

46

Mode of service

46A

Production of additional evidence before the Deputy Commissioner (Appeals) and Commissioner (Appeals)

47

Form of appeal and memorandum of cross-objections to Appellate Tribunal

48

Form of application for reference to High Court

 

PART XA

ANNUITY DEPOSITS

48A

[OMITTED BY THE IT (FIFTH AMDT.) RULES,