Government of
Revenue Division
Central Board of Revenue
. .
*
N o t i f i c a t i o n
(Income Tax)
S.R.O.130(I)/2004. - In exercise of the powers
conferred by sub-section (1) of section 237 of the Income Tax Ordinance, 2001
(XLIX of 2001), the Central Board of Revenue is pleased to direct that the
following further amendments shall be made in the Income Tax Rules, 2002, the
same having been previously published as required by sub-section (3) of the
said section.
In the aforesaid Rules, after rule 231, the following
shall be inserted, namely: -
“231A. Procedure for issuance of advance ruling under
section 206A. - (1) A non-resident person desiring an advance
ruling under section 206A of the Ordinance, 2001 (XLIX of 2001) shall make an
application to the Central Board of Revenue in the following form set out in
the Schedule below.
(2) The application under sub-rule (1) shall be considered by a
Committee consisting of the following members, namely: -
(a) Chairman, Central Board of Revenue - Chairman
(b) Member (Direct Taxes), CBR - Member
(c) Additional Secretary, Law, Justice - Member
and Human Rights Division.
(3) The
Committee may obtain comments of the Commissioner of Income Tax concerned and,
if it considers necessary, advice of a legal expert on the application and
decide the issue, as it may deem appropriate, in a joint sitting or through
circulation amongst its members.
(4) Advance ruling for the purposes of this rule means
determination by the Committee in relation to the transaction which has been
undertaken or is proposed to be undertaken by a non-resident person the
question of law specified in the application.
(5) The
advance ruling shall be binding on the Commissioner only in respect of the
specific transaction on which such advance ruling is issued. The advance ruling
shall continue to remain in force unless there is a change in facts or in the
law on the basis of which the advance ruling was pronounced.
(6) The
copy of the advance ruling pronounced by the Central Board of Revenue shall be
provided to the applicant and to the Commissioner of Income Tax having
jurisdiction over the case.
(7) Notwithstanding anything contained in this rule, the advance
ruling shall cease to be binding on the Commissioner, if it is subsequently
found to have been obtained by fraud or misrepresentation of facts about the
nature of the transaction on which advance ruling was issued.
(8) An application filed under this rule shall be disposed of not
later than ninety days of its receipt.
231B. Withdrawal
of application. - The applicant may withdraw the application made
under rule 231A at any time before the advance ruling is issued.
[See sub-rule (1)]
To
The Chairman,
Central Board of Revenue,
Dear Sir,
The undersigned being duly
authorized hereby apply on behalf of _________________(name of the non-resident
person) for advance ruling under section 206A of the Income Tax Ordinance, 2001
(XLIX of 2001).
Necessary details of the transaction are set out below and in the
Annexure to this application.
The following documents as required under rule 231A of Income Tax Rules,
2002 are enclosed: -
(a) ____________________________
(b) ____________________________
(c) ____________________________
(d) ____________________________
(e) ____________________________
Yours faithfully,
Signature __________________
Name (In block letters) _____________
Designation ________________
ANNEXURE
[See paragraph 2 of the
Schedule]
(1) Name of the non-resident
person (in block letters) __________________________ ____
(2) Permanent address and
telephone and fax numbers of the non-resident person
(in block letters)
__________________________________________________________
(3) Address in
(4) Telephone No. ___________________ Fax No.
__________________________
(5) Country of Origin
__________________________________________________
(6) National Tax Number
_______________________________________________
(7) The following is the statement of the
relevant facts of the transaction having bearing on the question(s) on which
the advance ruling is required (please annex extra sheet, if required):
(8) Statement containing the applicant’s
interpretation of law or facts, as the case may be, in respect of the
question(s) on which advance ruling is required (please annex extra sheet, if
required) is as follows:-
(9) The undersigned, solemnly declare that:-
(a) full and true particulars of the transaction relevant
for the purposes of advance ruling applied for have been disclosed and no
material aspect affecting the determination of the application of the Income
Tax Ordinance, 2001, in this behalf has been withheld; and
(b) that the above issue(s) is/ are not pending before any
Income Tax Authority, Appellate Tribunal or Court for adjudication.
Yours faithfully,
Signature _________________
Name (In block letters) _____________
Designation _______________
Address in
Telephone No. _____________
Fax No. _________________.”.
[C. No. 4(119)ITP/03]
VAKIL AHMAD KHAN
Member (Direct Taxes)/
Additional Secretary