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S. R. O. 14(I)/2004. - The following draft of certain amendments in the Income Tax Rules, 2002, which the Central Board of Revenue proposes to make in the Income Tax Rules, 2002 in exercise of the powers conferred by section 237 of the Income Tax Ordinance, 2001 (XLIV of 2001), are hereby published, for the information of all persons likely to be affected thereby, and notice is hereby given that the draft will be taken into consideration after fifteen days of its publication in the official Gazette.

Any objection or suggestion which may be received from any person, in respect of the said draft amendments before the expiry of the aforesaid period, shall be considered by the Central Board of Revenue.

Draft Amendments

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 (XLIV 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) - 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.

SCHEDULE
[See sub-rule (1)]

Application for advance ruling under section 206A
of the Income Tax Ordinance, 2001

To

The Chairman,

Central Board of Revenue,

Islamabad.

Dear Sir,

The undersigned being duly authorized hereby applies, on behalf of _________________(name of the non-resident person) for advance ruling under section 206A of the Income Tax Ordinance, 2001 (XLIV 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 ______________

ANNESURE
[See paragraph 2 of the Schedule]

(i) Name of the non-resident person (in block letters) ____________________________

(ii) Permanent address and telephone and fax numbers of the non-resident person (in block letters) _________________________________________________

(iii) Address in Pakistan ____________________________________________

(iv) Telephone No. ___________________ Fax No. ______________________

(v) Country of Origin _____________________________________________

(vi) National Tax Number __________________________________________

(vii) 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):

(viii) 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:

(ix) The undersigned, solemnly declares 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 Pakistan ________

Telephone No. ____________

Fax No. _________________

[C. No. 4(119)ITP/03]

Sd/-

Vakil Ahmad Khan
Member (Direct Taxes)/ Additional Secretary

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