Notification No.: 03/2020/F. No. 370142/19/2019-TPL
Notification Date: January 06, 2020
The scope of powers of Joint Commissioner of Income Tax has been widened to facilitate initial screening of Reports and Forms submitted by the Assessee.
| S. No. | Particulars | Pre-Notification | Post-Notification | Implications(if any) |
| Rule 10DA | ||||
| 1. | Marginal Heading of the Rule | Information and documents to be kept and maintained under proviso to sub-section (1) of section 92D and to be furnished in terms of sub-section (4) of section 92D. | Maintenance and furnishing of information and document by certain person under section 92D. | |
| 2. | Sub-Rule 2 | Report in Form 3CEAA shall be furnished to Director General of Income-tax (Risk Assessment). | Report in Form 3CEAA shall be furnished to Joint Commissioner. | The prescribed income tax authority has been changed. |
| 3. | Sub-Rule 3 | Information in Part A of Form No. 3CEAA shall be furnished by every person, being a constituent entity of an international group, whether or not the conditions as provided in sub-rule (1) are satisfied.Information in Part B of Form No. 3CEAA shall be furnished by a person, being a constituent entity of an international group, in those cases where the conditions as provided in sub-rule (1) are satisfied. | The constituent entity shall furnish Part A of Form No. 3CEAA even if the conditions specified under sub-rule (1) are not satisfied. | Proviso regarding Part B of Form No. 3CEAA has been removed. |
| 4. | Sub-Rule 4, 5 | (4) Where there are more than one constituent entities resident in India of an international group, then the report in Form 3CEAA or information in Part A of Form 3CEAA, may be furnished by designated constituent entity of the international group, as the case may be, and the same has been intimated by the designated constituent entity to Director General of Income-tax (Risk Assessment) in Form 3CEAB. (5) The intimation referred to in sub-rule 4 shall be made at least thirty days before the due date of filing the report. | Where there are more than one constituent entities resident in India of an international group, Form No. 3CEAA may be furnished by any one constituent entity, if, —(a) the international group has designated such entity for this purpose; and(b) the information has been conveyed in Form No. 3CEAB to the Joint Commissioner in this behalf thirty days before the due date of furnishing the Form No. 3CEAA. | Two Sub-Rules have been merged into one. The prescribed income tax authority has been changed. |
| 5. | Sub-Rule 6,7,8 | – | Renumbered as 5,6,7 respectively. |
| S. No. | Particulars | Pre-Notification | Post-Notification | Implications (if any) |
| Rule 10DB | ||||
| 1. | Sub-Rule 1 | For the purposes of sub-section (1) of section 286, every constituent entity resident in India, shall, if its parent entity is not resident in India, intimate the Director General of Income-tax (Risk Assessment) in Form No. 3CEAC, the following, namely:(a) whether it is the alternate reporting entity of the international group; or(b) the details of the parent entity or the alternate reporting entity, as the case may be, of the international group and the country or territory of which the said entities are residents. | The income-tax authority for the purposes of section 286 shall be the Joint Commissioner as may be designated by the Director General of Income-tax (Risk Assessment). | The prescribed income tax authority has been changed. |
| 2. | Sub-Rule 2 | Every intimation under sub-rule (1) shall be made at least two months prior to the due date for furnishing of report as specified under sub-section (2) of section 286 (Country-by-Country report By Parent entity) | The notification under sub-section (1) of section 286 shall be made in Form No. 3CEAC two months prior to the due date for furnishing of report as specified under sub-section (2) of section 286. | |
| 3. | Sub-Rule 3 | Every parent entity or the alternate reporting entity, as the case may be, resident in India, shall, for every reporting accounting year, furnish the report referred to in sub-section (2) of section 286 to the Director General of Income-tax (Risk Assessment) in Form No. 3CEAD. | Every parent entity or the alternate reporting entity, as the case may be, resident in India, shall, for every reporting accounting year, furnish the report referred to in sub-section (2) of section 286 in Form No. 3CEAD. | The words and brackets “to the Director General of Income-tax (Risk Assessment)” have been omitted. Thus, the prescribed income tax authority now is Joint Commissioner. |
| 4. | Sub-Rule 5 | If there are more than one constituent entities resident in India of an international group, other than the entity referred to in sub-rule (3), then the report referred to in sub-rule (4) may be furnished by that entity which has been designated by the international group to furnish the said report and the same has been intimated to the Director General of Income-tax (Risk Assessment) in Form No. 3CEAE. | The information required to be conveyed under proviso to sub-section (4) of section 286 regarding the designated constituent entity shall be furnished in Form No. 3CEAE. | The prescribed income tax authority has been changed. |
