CBDT notifies new Rule 12AA



Quick Summary
The Central Board of Direct Taxes (CBDT) has introduced significant amendments to the Income-tax Rules, 1962, with the notification of the Income-tax (24th Amendment) Rules, 2021. A new Rule 12AA has been inserted, clarifying the prescribed persons for specific clauses of section 140. This rule designates individuals appointed by the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016, as the authorised persons for these duties. Additionally, a new Rule 51B has been added, outlining provisions for appearance by an authorised representative in certain cases, particularly for companies and LLPs, also referencing appointments made under the Insolvency and Bankruptcy Code.

The Central Board of Direct Taxes has released the Income-tax (24th Amendment) Rules, 2021 in order to amend the Income-tax Rules, 1962. Under the amended rules, a new Rule 12AA has been inserted after Rule 12A.

Relevant text of the Rule is as follows

'12AA. Prescribed person for the purposes of clause (c) and clause (cd) of section 140.- For the purpose of clause (c) or clause (cd), as the case may be, of section 140, any other person shall be the person, appointed by the Adjudicating Authority for discharging the duties and functions of an interim resolution professional, a resolution professional, or a liquidator, as the case may be, under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) and the rules and regulations made thereunder. Explanation.–– For the purposes of this rule, 'Adjudicating Authority' shall have the same meaning as assigned to it in clause (1) of section 5 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016).'

Moreover, a new Rule 51B has also been inserted after Rule 51A which lays provisions for the Appearance by Authorised Representative in certain cases.

Relevant text of the Rule is as follows

New Rule 12AA Notified by CBDT for Insolvency Professionals

'51B. Appearance by Authorised Representative in certain cases.- For the purposes of clause (viii) of sub-section (2) of section 288, any other person, in respect of a company or a limited liability partnership, as the case may be, shall be the person appointed by the Adjudicating Authority for discharging the duties and functions of an interim resolution professional, a resolution professional, or a liquidator, as the case may be, under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) and the rules and regulations made thereunder. Explanation. - For the purposes of this rule 'Adjudicating Authority' shall have the same meaning as assigned to it in clause (1) of section 5 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016).'

Click here to read the official notification.

FAQ :

New Rule 12AA clarifies who is considered the prescribed person for the purposes of clause (c) and clause (cd) of section 140 of the Income-tax Act.

The prescribed person is someone appointed by the Adjudicating Authority to carry out the duties of an interim resolution professional, resolution professional, or liquidator under the Insolvency and Bankruptcy Code, 2016.

The 'Adjudicating Authority' has the same meaning as assigned to it in clause (1) of section 5 of the Insolvency and Bankruptcy Code, 2016.

A new Rule 51B has also been inserted, which lays down provisions for the appearance by an authorised representative in certain cases.

For companies or limited liability partnerships, the authorised representative is a person appointed by the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016.




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