MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF DIRECT TAXES)

NOTIFICATION

New Delhi, the 6th September, 2002

INCOME-TAX

S.O.943(E).— In exercise of powers conferred by section 295, read with sub-section (7) of

section 80-JA and sub-section (7) of .section 80-1 of the Income-lux Act, 1961 (43 ol' 1961), the

Central Board of Direct Taxes hereby makes the following

rules further to amend the income-

tax Rules, 1962, namely :-

(1)

These

rules may be called the Income-tax (23rd Amendment)Rules

•2002.

(2)

They shall be deemed to have come into force on the 1" day of April, 2002.

8 _

_ _ _

THE GAZETTE OF INDf A: EXTRAORDINARY

[PART H—SEC. 3(ii)1

In the Income-tax Rules, 1962.

(i)

for Rule 18BBD, the following shall be subsliluied:-

"Form of audit report for claiming deduction under section 80-1 or 80-IA or

Section 80-IB.

1SBBB (1) The report of the audit of the accounts of an asscssec. which is

required to be furnished under sub-section (7) of section 80-IA or sub-section (7)

of section 80-1, except in the cases of multiplex theatres as defined in sub-section

(7A) of section 80-IB or convention centers as defined in sub-section (7B) of

section 80-IB, shall be in Form Number 1OCCB.

(2) A separate report is to be furnished by each undertaking or enterprise of the

assessee claiming deduction under section 80-1 or 80-IA or 80-IB and shall be

accomoanied bv the Profit and Loss Account and Balance Sheet of the

undertaking or enterprise as if the undertaking or the enterprise were a distinct

entity.

(3) In the case of an enterprise carrying on the business of developing or operating

and maintaining or developing, operating and maintaining an infra structure

facility, the form shall be accompanied by a copy of the agreement of the

enterprise with the central government or the state government or the local

authority for carrying on the business of developing or operating and

maintaining or developing, operating and maintaining the infrastructure

facility,

(4) In any other case, the form shall be accompanied by a copy of the agreement,

approval or permission, as the case may be, to carry on the activity signed or

issued by the central government or the state government or the local authority

for carrying on the eligible business."

(ii)

In Appendix-II, for Form Number 10CCB, the following Form shall be

substituted, namely >

" FORM NO. 10CCB

[See Rule I8BBB1

1 NAME OF THE ASSESSEE.

2. PAN: _ _ _

3. STATUS:

4. OWNERSHIP SFATUS OF THE UNDERTAKING

(a) FUELY OWNED BY ASSESSEE

YES • NO Q

(b) PARTLY OWNED BY ASSESSEE

YES Q NO Q

IF YES, PLEASE SPECIFY THE PERCENTAGE OF OWNERSHIP :

5. ADDRESS.

6. NAME OF THE ENTERPRISE OR UNDERTAKING.

ELIGIBLE FOR DEDUCTION U/S 80-IA AND 80-1B

7. SECTION AND.SUB-SBCTION OFTHE IT ACT, 1961, UNDER :

_ _ .

WHICH DEDUC1 ION BEING CLAIMED

8 DATE OF COMMENCEMENT OF OPERATION:

BY THE UNDERTAKING

9. INITIAL ASSESSMENT YEAR FROM WHEN DEDUCTION IS BEING CLAIMED:

10. ADDRESS (WITH DISTRICT & STATE) OF THE

ENTERPRISE/UNDER TAKING CLAIMING DEDUCTION •

%Qol\c*T-hZ-%

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II- -She. 3(ii)]

11. EXCISE'SERVICE-TAX REGISTRATION NUMBER

AND OFHCLi WHERE REGISTERED

.._._

12. SALES TAX REGISTRATION NUMBER

AND OFFICE WHERE REGISTERED

13. LOCAL/STATE AU IHOR11 IbS rROivi WHOM APPROVAL

IS TAKEN (ATTACH COPY OF APPROVAL):

...

„

„.

14. DEVELOPMENT/OPERATION/MAINTENANCE OF AN INFRASTRUCTURE FACILITY

(a) WITH RESPI-XT TO THE INFRASTRUCTURE FACILITY. DOES THE UNIT (PLEASL TICK) :-

DEVELOPS, D OPERATES & MAINTAINS, •

DEVELOPS, OPERATES & MAINTAINS,

IHF

INFRASTRUCTURE FACILITY.

(b) PLEASE SPECIFY THE NATURE OF THE INFRASTRUCTURE FACILITY***.

(Eg.,-TOLL ROAD, BRIDGE. RAIL SYSTEM. PORT, ETC [EXPLANATION TO SI-.CTION 80-IA(4)(i)])

15. IS THE UNDERTAKING PROVIDING TELECOM SERVICES

• YES Q NO

(a) IF YES PLEASE SPECIFY THE NATURE OF TELECOM SERVICE;

(Eg., BASIC TELECOM SERVICE, CELLULAR SERVICE, IZTC [SECTION 80-IA(4)(ii)j)

16. UNDERTAKING IN THE DEVELOPMENT, OPERATION, MAINTENANCE OF INDUSTRIAL

PARK/SEZ

(a) WITH RLSl'EC I" TO THE INDUSTRIAL PARK/SEZ. DOES THE UNDERTAKING (PLEASE TICK) .-

Q DEVELOPS, •

DEVELOPS OR OPERATES, •

MAINTAINS AND OPERATES AN INDUSTRIAL PARK

/SEZ

(b) NAME AND ADDRESS OF THE INDUSTRIAL PARK/SEZ^ :

_.,

„ _

. . „ _ _ _ _ . _

TRANSFER FROM ITS DEVELOPER •

• YKS Q NO

(d) IF YES, FIRST YEAR OF CLAIMING DEDUCTION U/S 80IA BY THE DEVELOPER •

.__

(ATTACH COPY OF FORM 10CCB OF DEVELOPER )

17. UNDERTAKING IN GENERATION/TRANSMISSION/DISTRIHUTION OF POWER

(a) DOES THE UNDERTAKING:-

•

GENERATE POWER OR GENERATES AND DISTRIBU I ES POWLR

YEAR IN WHICH TUB UNIT HAS STARTED GENERATING POWER

l l

•

TRANSMITS OR DISTRIBUTES POWER

YEAR IN WHICH THE NEW TRANSMISSION AND DISTRIBUTION LINES WERE LAID.

18. ELIGIBLE BUSINESS UNDER SECTION 8(MB

(a) HAS THE INDUSTRIAL UNDERTAKING RECIVED ANY MACHINERY OR

PLANT ON TRANSFER WHICH WAS PREVIOUSLY USED I-OR ANY PURPOSE

- Q YES • NO

(b) IF YES. PLEASE SPECIFY VALUE OF MACHINERY RECEIVED ON TRANSFER ; _ _ _ _ _

(d) DOES THE INDUSTRIAL UNDERTAKING MANUFACTURE OR PRODUCES ANY ARTICLE OR

THING SPECIFIED IN THE 11™ SCHEDULE - Q YES D NO

(PLEASE SPECIFY THE ARTICLE OR THING :

)

(e) IF YES, DOES THE MANUFAC1 URING PROCESS USE POWER - • YES Q NO

(0 NUMBER OF WORKERS EMPLOYED IN THE

MANUFACTURING PROCESS :

(

)

•

(h) PLEASE SPECIFY IF THE COMPANY IS A

SMALL SCALE INDUSTRIAL UNDERTAKING

- Q YES • NO

(i) IF THE INDUSTRY IS LOCATED IN THE NORTH EASTERN REGION,

IS THE INDUSTRY A NOTIFIED INDUSTRY AS PER SECOND PROVISO

TO SUB-SECTION 80-IB (4)?

- _ YES Q NO

BUSINESS OF SHIP

(j) IS THE SHIP OWNED BY AN INDIAN COMPANY AND

WHOLLY USED FOR THE BUSINESS CARRIED BY IT

- • YES Q NO

(k) IF THE SHIP WAS ACQUIRED ON TRANSFER WAS THE SI IIP OWNED OR

USED IN INDIAN TERRITORIAL WATERS BY A PERSON RESIDENT IN INDIA

- Q YES • NO

BUSINESSS OF HOTEL

(I)

IS THE HOTEL LOCATEDTN

(i)

HILLY AREA Q

(ii) RURAL AREA D

(iii) PLACE OF PILGRIMAGED

(iv) OTHER NOTIFIED AREA Q (PLEASE SPECIFY:

___

)

(v) NONE OF THE ABOVE • (PLEASE SPECIFY:

)

(m) IS THE HOTEL APPROVED BY THE PRESCRIBED AUTHORITY

UNDER RULE 18BBC OF THE INCOME TAX RULES 1962

- Q YES • NO

^£09-t»7-»4-_

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(ii)]

SCIENTIFIC RESEARCH AND DEVELOPMENT BUSINESS

(11) IS THE BUSINESS APPROVED BY THE PRESCRIBED AUTHORITY UNDER RULE

1 KD AND SUBJECT TO THE CONDITIONS IN RULE 18DA OF THE 1NCOMETAX RULES - Q YES Q NO

( LEASE ATTACH COPY OF APPROVAL)

(.) IS THE UNDERTAKING IN THE COMMERCIAL

I I-ODUCTION OR REFINING OF MINERAL OIL

- D YES D NO

(p) IF YES, PLEASE SPECIFY :-

£ 1 COMMERCIAL PRODUCTION OF MINERAL OIL

C ' REFINING OF MINERAL OIL

UNDERTAKING DEVELOPING AND BUILDING HOUSING PROJECTS

(qj DATE OF APPROVAL BY LOCAL AUTHORITY :

(PLEASE ATTACH COPY OF APPROVAL)

(r) 7ATE OF COMPLETION OF THE HOUSING PROJECT :

„.„_„.

SIZE OF PLOT OF LAND OF THE PROJECT :

(t) IS THE PROJECT SITUATED IN DELHI OR MUMBAI OR

WITHIN 25 KILOMETERS FROM THEIR MUNICIPAL LIMITS

- Q YES Q NO

(u) BUILT-UP AREA OF THE RESIDENTIAL UNIT OF THE PROJECT :

(v) PLEASE SPECIFY THE METHOD OF ACCOUNTING ADOPTED:

IS THE UNDERTAKING IN THE BUSINESS OF SETTING UP AND

RATING A COLD CHAIN FACILITY FOR AGRICULTURAL PRODUCE - • YES • NO

(x) IS THE UNDERTAKING IN THE INTEGRATED BUSINESS

OF 1ANDL1NG STORAGE AND TRANSPORTATION OF FOODGRAIN

- • YES Q NO

19.

OTAL SALES OF THE UNDERTAKING :

20." IANSACTIONS BY THE UNDERTAKING TO A RELATED CONCERN OF THE ASSESSEE OR,

JOTHER UNDERTAKING OF THE ASSESSEE, OR THE CO-OWNER OF THE UNDERTAKING.

< ANOTHER UNDERTAKING OF THE CO-OWNER :-

(I-

A l L-L) CUNCLRN IS A PHRSON W i l l UN II Hi MliANINCi Ol ^: SliCTION 4(>A(2)(t»)

I \ME OF THE RELATED CONCERN

TRANSACTION

(PLEASE SPECIFY NATURE AND AMOUNT)

(a)

Rs.

(b)

Rs.

(c)

Rs.

^ ^ _ ^ ^ _

(d)

Rs.

_ ^ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

21. PROFIT AND GAINS DERIVED BY THE UNDERTAKING/ENTERPRISE :

FROM THE ELIGIBLE BUSINESS*

22. DEDUCTION UNDER SECTION 80-I/80-IA/80-IB :

(STRIKE OUT WHICHEVER IS NOT APPLICABLE)

DECLARATION

*I/We have examined the balance sheet of the above industrial undertaking styled**

and belonging to the assessee m/s

(permanent

account no

) as at

and the profit and loss account of the

said industrial undertaking for the year ended on that date which are in agreement with the books of

account maintained at the head office at

and branches at

*I/We have obtained all the information and explanations which to the best of *my/our knowledge and

belief were necessary for the purposes of the audit, in *my/our opinion, proper books of account have

been kept by the head office and the branches of the industrial undertaking aforesaid visited by *me/us'so

far as appears from *my/our examination of books, and proper returns adequate for the purposes of audit

have been received from branches not visited by *me/us, subject to the comments given below:—

In my opinion the undertaking satisfies the conditions stipulated in sections 80-i/80-ia/80-ib (strike out

whichever is not applicable) and the amount of deduction claimed under this section in item 21 is as per

the provisions of the income tax act and meets the required conditions.

In *my/our opinion and to the best of *my/our information and according to explanations given to

*me/us. the said accounts give a true and fair view —

(i) in the case of the balance sheet, of the state of affairs of the above named industrial

undertaking as at

; and

(ii) in the case of the profit and loss account, or the profit or loss of the industrial undertaking for

the accounting year ending on

PLACE

DATE.

SIGNED

ACCOUNTANT¹

NOTES:

1. *Delete whichever is not applicable.

2. **Here give name and address.

3. *** Provide a copy of the agreement with the central government or state government or local

authority.

4. Please provide profit & loss account and balance sheet of the undertaking/enterprise.

5. * Please provide the notification of approval of the industrial park/sez.

6. This report is to be given by-

(i) a chartered accountant within the meaning of the chartered accountants act, 1949 (38 of 1949); or

(ii) any person who, in relation to any state, is, by virtue of the provisions in sub-section (2) of section 226

of the companies act. 1956(1 of 1956), entitled to be appointed to act as an auditor of companies

registered in that state.