form 34b -...

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Income-tax Rules, 1962

Form 34B

[See Rules 44C and 44CA]

Form of application for settlement of cases under section 245C

(1) of the Income-Tax Act, 1961

IN THE SETTLEMENT COMMISSION……………………………...

Settlement application No…………………………

1. Full name & address of the applicant…………………………..

2. Permanent Account Number……………………….

3. Status (See note 4)……………………………………

4. The Commissioner having jurisdiction over the applicant……………

5. Assessment years in connection with which the application for

settlement is made……………………………….

6. Date of filling the return of income for assessment years referred to

in column 5……………………………….

7. Proceeding to which application for settlement relates, the date from

which the proceedings are pending and the income tax authority

before whom the proceedings are pending [See Note

6]………………………………………………….

8. Where any appeal or application for revision has been preferred after

the expiry of the period specified for the filing of such appeal or

application for revision, as the case may be, whether such appeal or

revision has been admitted……………………..

9. Date of seizure, if any, under section 132 of the Income-Tax

Act……………………………………………………….

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10. Particulars of the issues to be settled, nature and circumstances of the

case and complexities of the investigation involved [See note

7]……………………………….

11. Full and true disclosure of income which has not been disclosed

before the Assessing Officer, the manner in which such income has

been derived and the additional amount of income-tax payable on

such income [See Notes 9 and 10]……..

…………………..

Signature

(Applicant)

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VerificationI, ………………………………….son/daughter/wife of ………… do

hereby solemnly declare that to the best of my knowledge and belief,

what is stated above and in the Annexure [including the statements and

documents accompanying such Annexure] is correct and complete. I

further declare that I am making this application in my capacity

as …………………………[designation] and that I am competent to make

this application and to verify it.

Verified today the ………………day of …………………20….

Place : ………………..

…………………….

Signature

(Applicant)

Notes:-

1. The application for settlement must be in quintuplicate.

2. The application for settlement must be accompanied by a fee of five

hundred rupees. The fee should be credited in a branch of the

authorized bank or a branch of the State Bank of India or a branch of

the Reserve Bank of India and the triplicate Challan sent to the

Settlement Commission with the application for settlement. The

Settlement Commission will not accept Cheques, drafts, Hundies or

other negotiable instruments.

Submitted by the IT (Seventh Amdt.) rules 1988, w.e.f. 17.8.1988.

Prior to its substitution, Form No. 34B was substituted by the IT

(Third Amdt.) Rules 1984, w.e.f. 1.10.84.

3. The number and years of the application will be filled in the office of

the Settlement Commission.

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4. Please state whether individual, Hindu individual family, company,

firm, an association of persons, etc.

5. If the space provided is found insufficient, separate enclosures may

be used for the purpose.

6. In case of assessment proceeding, indicate the designation of the

Assessing Officer before whom the proceedings are pending,

indicating also the date of service of notice under section 139 (2)/

section 148 of the income-tax Act, 1961, or the date of re-opening of

the Assessment under section 146 of the said Act or, as the case may

be, the date of the filing of the return under section 139 of the said

Act. In case of appellate proceeding, indicate the appellate authority,

before whom the appeal is filed and the date of filing of the appeal.

In case of revision petition, indicate the date of filing of the revision

and whether the same is filed within time or not.

7. Full detail of issue for which application for settlement is made, the

nature and circumstances of the case and complexities of the

investigation involved must be indicated against item 10. Where

application relates to more than one assessment year, then detail

should be furnished for each assessment years.

8. The application for settlement of a case shall not be allowed to be

withdrawn by the applicant.

9. The additional amount of income-tax payable on the income referred

to in item 11 should be calculated in the manner laid down in sub-

section (1A) to (1D) of section 245C.

10. The detail referred to in item 11 shall be given in the Annexure to

this application.

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Annexure

Statement containing particulars referred to in item 11 of the

application under section 245C (1) of the Income-Tax Act, 1961

1. Amount of income which has not been disclosed before the Assessing

Officer …………………………………………

2. Additional amount of income-tax payable on the said

income ……………………………………………………..

3. Full and true statement of facts regarding the issues to be settled,

including the term of settlement sought for by the

applicant ……………………………………………………

4. The manner in which the income referred to in item No. 1 has been

derived ……………………………………………….

Place …………. ……………….

Date…………... Signature

(Applicant)

Note:- The annexure should be accompanied by

i) Statements containing computation of total income of the applicant

for the assessment year or years to which the application for

settlement relates, in accordance with the provision of the Act.

ii) Copies of the manufacturing account or trading account or both, as

the case may be, profit and loss account or income and expenditure

account or any other similar account, as the case may be, and balance

sheet; and

iii) In the case of:-

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(a) A proprietary business or profession, copies of the personal

account of the proprietor.

(b) A firm or association of persons or body of individuals, copy of

the personal accounts of the partners or members thereof, as the

case may be; and

(c) A partner of a firm or a member of an association of

persons or body of individuals, copies of the personal account of

such partner or member in the firm or association of persons or

body of individuals, as the case may be.

*******

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Form DA[See Rules 4A and 4AA]

Form of application for settlement of cases under section 22C

(1) of the Wealth-Tax Act, 1957

IN THE SETTLEMENT COMMISSION……………………………...

Settlement application No…………………………

1. Full name & address of the applicant…………………………..

2. Permanent Account Number……………………….

3. Status (See note 4)……………………………………

4. The Commissioner having jurisdiction over the applicant……..

5. Assessment years in connection with which the application for

settlement is made……………………………….

6. Date of filling the returns of wealth for assessment years referred to

in column 5……………………………….

7. Proceeding to which application for settlement relates, the date from

which the proceedings are pending and the Wealth-Tax authority

before whom the proceedings are pending [See Note

6]………………………………………………….

8. Where any appeal or application for revision has been preferred after

the expiry of the period specified for the filing of such appeal or

application for revision, as the case may be, whether such appeal or

revision has been admitted…………..

9. Date of seizure, if any, under section 37A of the Wealth-Tax

Act……………………………………………………….

10. Particulars of the issues to be settled, nature and circumstances of the

case and complexities of the investigation involved [See note

7]……………………………….

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11. Full and true disclosure of wealth which has not been disclosed

before the Assessing Officer, the manner in which such wealth has

been derived and the additional amount of wealth-tax payable on

such wealth [See Notes 9 and 10]……..

…………………..

Signature

(Applicant)


VerificationI, ………………………………….son/daughter/wife of ………… do

hereby solemnly declare that to the best of my knowledge and belief,

what is stated above and in the Annexure [including the statements and

documents accompanying such Annexure] is correct and complete.

I further declare that I am making this application in my capacity

as …………………………[designation] and that I am competent to make

this application and to verify it.

Verified today the ………………day of …………………20….

Place : ………………..

…………………….

Signature

(Applicant)

Notes:-

1. The application for settlement must be in quintuplicate.

2. The application for settlement must be accompanied by a fee of five

hundred rupees. The fee should be credited in a branch of the

authorized bank or a branch of the State Bank of India or a branch of

the Reserve Bank of India and the triplicate challan sent to the

Settlement Commission with the application for settlement. The

Settlement Commission will not accept cheques, drafts, hundies or

other negotiable instruments.

3. The number and years of the application will be filled in the office of

the Settlement Commission.

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4. Please state whether individual, Hindu individual family, company,

firm, an association of persons, etc.

5. If the space provided is found insufficient, separate enclosures may

be used for the purpose.

6. In case of assessment proceeding, indicate the designation of the

Assessing Officer before whom the proceedings are pending

indicating also the date of service of notice under section 14 (2)/

section 17 of the Wealth-Tax Act, 1957, or as the case may be, the

date of the filing of the return under section 14 of the said Act. In

case of appellate proceeding, indicate the appellate authority, before

whom the appeal is filed and the date of filing of the appeal. In case

of revision petition, indicate the date of filing of the revision and

whether the same is filed within time or not.

7. Full detail of issue for which application for settlement is made, the

nature and circumstances of the case and complexities of the

investigation involved must be indicated against item 10. Where

application relates to more than one assessment year, then detail

should be furnished for each assessment years.

8. The application for settlement of a case shall not be allowed to be

withdrawn by the applicant.

9. The additional amount of Wealth-Tax payable on the wealth referred

to in item 11 should be calculated in the manner laid down in sub-

section (1A) to (1D) of section 22C.

10. The detail referred to in item 11 shall be given in the Annexure to

this application.


Annexure

Statement containing particulars referred to in item 11 of the

application under section 22C (1) of the Wealth-Tax Act, 1957

1. Wealth which has not been disclosed before the Assessing

Officer …………………………………………

2. Additional amount of Wealth-Tax payable on the said

wealth……………………………………………………..

3. Full and true statement of facts regarding the issues to be settled,

including the term of settlement sought for by the

applicant ……………………………………………………

4. The manner in which the wealth referred to in item No. 1 has been

derived ……………………………………………….

Place …………. ……………….

Date…………... Signature

(Applicant)

Note:- The annexure should be accompanied by

i) A statements containing computation of net wealth of the applicant

for the assessment year or years to which the application for

settlement relates, in accordance with the provision of the Act.

ii) A detailed statement of assets (movable or immovable) and debts,

located in India and outside, as on the valuation date.

********

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F.No.

Government of India

Department of Revenue

Income-Tax Settlement Commission

Principal Bench

4th Floor, Lok Nayak Bhawan, Khan Market

New Delhi-110003

To Dated, New Delhi the………..

………………………………..………………………………..Sir,

Sub: Settlement Application under section 245C (1) Application No…...

Please refer to your Settlement Application dated………. For the

assessment years ……… and order dated …………. u/s 245D (1) by the

principal bench.

2. It will be seen from the order that your application has been

admitted for the assessment years…………..only. Your application

for the assessment years ……………. has not been allowed to be

proceeded with. The annexure and the accompanied statements

submitted by you also include the details of the disclosure for the

assessment years ………. For which your application has been

rejected. In view of this, you are hereby requested to submit a

revised ‘Annexure’ along with other statements in respect of

admitted assessment years only after including the detail for the

assessment years ………. Those should be submitted in six copies so

as to reach this office …………… at the latest.

Yours faithfully,

Administrative Officer

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Registered A.D.

Immediate

F.No.

Government of India



Principal Bench


New Delhi-110003


………………………………..

………………………………..

Sir,

Sub: Notice of hearing under sub section (1) of section 245D of the

Income-Tax Act, 1961 – Settlement Application No…...

Whereas the above named applicant has filed an application

under section 245C (1) of the Income-Tax Act, 1961 for settlement of

his/her cases for the assessment years…………and the Commission

Proposes to decide on the admissibility of the application u/s 245D (1) of

the Income-Tax Act, 1961, you are hereby given notice to be present

personally or through an authorized representative before the

Commission on ……………at …………..in the Court Room of the

Income-Tax Settlement Commission Principal Bench…………………….

2. The decision on the above application shall be taken by the

Commission after considering the report of the Commissioner of

Income-Tax and after considering the nature and circumstances of

the case or the complexity of the investigation involved therein.


3. This notice is being given under section 245D (1) of the Income-Tax

Act, 1961.

4. If the applicant/Commissioner of Income-Tax wishes to rely on any

evidence/documents/papers etc. before the commission during the

course of hearing, the same should be furnished to the Commission

in the form of the ‘Paper Book’ in six copies duly indexed and page

numbered, at least seven days before the date of hearing. ( Please

note, if the paper book is given in continuation of an earlier one, it

should be serial numbered)

5. Please note that if you want to seek adjournment of the date of

hearing, then application in this regard along with detailed reasons

must be received in the Commission at least ten days before the date

of hearing and Paper-Book must be filed. Otherwise adjournment

may not be allowed.

Yours faithfully,

Secretary

Copy forwarded for information and necessary action to:

1. The commissioner of Income-Tax (Department representative), New

Delhi.

Secretary

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Registered A.D.

Immediate

F.No.

Government of India



Principal Bench


New Delhi-110003


………………………………..

………………………………..

Sir,

Sub: Notice of hearing under sub section (4) of section 245D of the

Income-Tax Act, 1961 – Settlement Application No…...

In connection with the application under sub-section (1) of the

section 245C of the Income-Tax, Act 1961 mentioned above, you are

hereby given an opportunity under sub-section (4) of section 245D of the

said Act to be heard by the Settlement Commission

on ……………at …………..in the Court Room of the Income-Tax

Settlement Commission, Principal Bench…………….

2. You may appear before the Income-Tax Settlement Commission

either in person or through a representative duly authorised in this

behalf.






numbered, at least seven days before the date of hearing.

4. Please note that if you want to seek adjournment of the date of

hearing, then application in this regard along with detailed reasons

must be received in the Commission at least ten days before the date

of hearing and Paper-Book must be filed. Otherwise adjournment

may not be allowed.

Yours faithfully,



1.

2.


*******

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F.No.

Government of India



Principal Bench


New Delhi-110003


………………………………..

………………………………..

Sir,

Sub: Notice of hearing on the misc. petition(s) dated…………

Settlement Application No…...........

In connection with your misc. petition (s) dated ……….. you are

hereby given an opportunity to be heard by the Settlement Commission

on ……………at …………..in the Court Room of the Income-Tax

Settlement Commission, Principal Bench…………….you may appear

before the Commission either in person or through a representative duly

authorised in this behalf.





numbered, at least one week before the date of hearing.

Yours faithfully,


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1. The commissioner of Income-Tax ……………

2. The CIT (Dr.), New Delhi.

3. The Dy. Director of Investigation, Settlement Commission …………..


*******


MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

INCOME-TAX SETTLEMENT COMMISSION

PRINCIPAL BENCH

4TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET

NEW DELHI-110003

PROCEEDING BEFORE THE INCOME TAX SETTLEMENT

COMMISSION

Settlement Application No………..

Date of filing of Settlement Application…………

1. Name & address of the applicant…………….

2. Permanent Account Number / GIR No…………..

3. Status …………..

4. Assessment year for which the application for Settlement is made

/ admitted ………………

5. C.I.T.’S Charge…………..

6. Date of order …………….

Order under Section 245 D (1) of the I.T. Act, 1961

1. The Settlement application under section 245 C (1) filed

on …………. By Sh. / M/s. ……………………. Relate to

assessment years ……….. the CIT submitted his report under

section 245 D (1) vide his letter no. ………… dated …………….

2. On careful consideration of the material on record including

content of the CIT’s report and having regard to the nature and

circumstances of the case and complexity of the investigation

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involved. We allow the application to be proceeded with for the

assessment years ……………..

In accordance with the provisions of the sub-section (2A)

of section 245D the applicant shall, within 35 days of the receipt of

this order, pay the additional amount of income-tax payable on

this income disclosed in the application and shall furnish proof of

such payment to the Settlement Commission and the Assessing

Officer within 15 days of making the aforesaid payment. If the

applicant does not pay the additional amount of Income-Tax

payable as above within the time specified in sub-section (2A) of

section 245D the amount of income-tax remaining unpaid,

together with any interest payable thereon under sub-section (2C)

of section 245D shall be recovered by the Assessing Officer in

Accordance with the provision of Section 245D (2D). Payment of

additional tax within 35 days as required above will be taken as

co-operation of the applicant.

A copy of the Annexure to the settlement application

together with the statements and other documents accompanying

such Annexure, is being separately forwarded to the

Commissioner of income-tax along with a copy of this order with

a direction that the Commissioner, shall furnish a “further report”

within 90 days as required under Rule 8 of the Income-Tax

Settlement Commission (Procedure) Rules, 1987.

Member Chairman

Endt. No. dated: ……..

Copy of the above order is forwarded to:


1. Applicant –

An intimation regarding the payment of additional tax should be sent to

the Settlement Commission within fifteen days of the payment to avoid

action under section 245HA of the Income-Tax Act, 1961.

2. The commissioner of Income-Tax …………….He is requested to

report to the Commission whether the applicant has paid the

additional tax within the stipulated period and ensure that his

report reaches the commission within 15 days of the expiry of the

period stipulated in the order

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form 34b -...

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