Form 34B -...
Transcript of 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)
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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.
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.
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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
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: 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.
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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
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: 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.
3. 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
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in the form of the ‘Paper Book’ in six copies duly indexed and page
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,
Administrative Officer
Copy forwarded for information and necessary action to:
1.
2.
Administrative Officer
*******
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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: 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.
1. 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 one week before the date of hearing.
Yours faithfully,
Administrative Officer
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Copy forwarded for information and necessary action to:
1. The commissioner of Income-Tax ……………
2. The CIT (Dr.), New Delhi.
3. The Dy. Director of Investigation, Settlement Commission …………..
Administrative Officer
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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:
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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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