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Income-tax (19th Amendment) Rules, 2015
December, 15th 2015

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TEXAS)
NOTIFICATION
New Delhi, the 8th December, 2015
INCOME- TAX


S.O. 3312(E).— In exercise of the powers conferred by sections 92CB and 92D, read with section
295 of the Income-tax Act, 1961(43 of 1961), the Central Board of Direct Taxes hereby makes the following
rules further to amend the Income-tax Rules, 1962, namely:-


1. (1) These rules may be called the Income-tax (19th Amendment) Rules, 2015.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962 (hereinafter referred to as the said rules), in rule 10D, for sub-rule
(2A), the following sub-rule shall be substituted, namely:-
“(2A) Nothing contained in sub-rule (1), in so far as it relates to an eligible specified
domestic transaction referred to in rule 10 THB , shall apply in a case of an eligible assessee
mentioned in rule 10 THA and-


(a) the eligible assessee, referred to in clause (i) of rule 10 THA, shall keep and maintain the
following information and documents, namely:-
(i) a description of the ownership structure of the assessee enterprise with details of shares
or other ownership interest held therein by other enterprises;
(ii) a broad description of the business of the assessee and the industry in which the
assessee operates, and of the business of the associated enterprises with whom the
assessee has transacted;


(iii) the nature and terms (including prices) of specified domestic transactions entered into
with each associated enterprise and the quantum and value of each such transaction or
class of such transaction;


(iv) a record of proceedings, if any, before the regulatory commission and orders of such
commission relating to the specified domestic transaction;
(v) a record of the actual working carried out for determining the transfer price of the
specified domestic transaction;
(vi) the assumptions, policies and price negotiations, if any, which have critically affected
the determination of the transfer price; and
(vii) any other information, data or document, including information or data relating to the
associated enterprise, which may be relevant for determination of the transfer price;
(b) the eligible assesse, referred to in clause (ii) of rule 10THA, shall keep and maintain the
following information and documents, namely:-
(i) a description of the ownership structure of the assessee co-operative society with details
of shares or other ownership interest held therein by the members;
(ii) description of members including their addresses and period of membership;
(iii) the nature and terms (including prices) of specified domestic transactions entered into
with each member and the quantum and value of each such transaction or class of such
transaction;
¹Hkkx IIμ[k.M 3 (ii)º Hkkjr dk jkti=k % vlk/kj.k 5
(iv) a record of the actual working carried out for determining the transfer price of the
specified domestic transaction;
(v) the assumptions, policies and price negotiations, if any, which have critically affected
the determination of the transfer price;
(vi) the documentation regarding price being routinely declared in transparent manner and
being available in public domain; and
(vii) any other information, data or document which may be relevant for determination of the
transfer price.”.


3. In rule 10THA of the said rules, for the words “and is a Government company engaged in the
business of generation, transmission or distribution of electricity” , the following shall be substituted,
namely :-
“and-


(i) is a Government company engaged in the business of generation, transmission or
distribution of electricity; or
(ii) is a co-operative society engaged in the business of procuring and marketing milk and
milk products”.
4. In rule 10THB of the said Rules, after clause (iii) the following clause shall be inserted, namely:-
“or
(iv) purchase of milk or milk products by a co-operative society from its members.”.
5. In sub-rule (2) of rule 10THC of the said rules, in the Table, after serial number 1 and entries relating
thereto, the following serial number and entries shall be inserted, namely:-
“2 Purchase of milk or milk products
referred to in clause (iv) of rule 10THB.
The price of milk or milk products is determined at a
rate which is fixed on the basis of the quality of milk,
namely, fat content and Solid Not Fat (SNF) content
of milk; and-
(a) the said rate is irrespective of,-
(i) the quantity of milk procured;
(ii) the percentage of shares held by the members
in the co-operative society;
(iii) the voting power held by the members in the
society; and
(b) such prices are routinely declared by the cooperative
society in a transparent manner and are
available in public domain.”.


6. In sub-rule (1) of rule 10 THD of the said rules, after the second proviso, the following proviso shall be
inserted, namely:-


“Provided also that in respect of eligible specified domestic transactions, referred to in clause (iv) of
rule 10 THB, undertaken during the previous year relevant to the assessment year beginning on the
1st day of April, 2013 or beginning on the 1st day of April, 2014 or beginning on the 1st day of April,
2015, Form 3CEFB may be furnished by the assessee on or before the 31st day of December, 2015.”
7. In Appendix II to the said rules, in Form No. 3CEFB, in sub-paragraph 2, in the Table, after
serial number 1 and the entries relating thereto, the following serial number and entries shall be
inserted, namely:-
6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
“2. Has the eligible assessee entered into any specified domestic
transaction in respect of purchase of milk and milk products
referred to in clause (iv) of rule 10THB?
If yes, provide the following details:
(a) The quantity of milk and milk products purchased
during the year from the members.
(b) Details of milk equivalent of the milk products
purchased from members.
(c) The rate or rates at which milk or milk products have
been purchased during the year.
(d) Whether payment for purchase of milk or milk
product has been made at the same rate to all the
members of the co-operative society.
(e) Whether transfer price is in accordance with the
circumstances specified under rule 10THC.
Yes/No
Milk product Milk
equivalent
Rate Period during
which applicable
Yes/No
Yes/No”.
[Notification No. 90/2015/F.No. 142/7/2014-TPL]
EKTA JAIN, Dy. Secy. (Tax Policy and Legislation)
Note:- The principal rules were published in the Gazette of India Extraordinary, Part III, Section 3, Sub-section (i), vide
notification number S.O. 969(E), dated the, 26th March, 1962 and last amended vide notification number
GSR No. 923(E) dated the 2nd December, 2015.
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.

 
 
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