⌖  Rules & Regulations  /  §01

Direct Tax Rules.

The procedural code of direct taxation: forms, valuation methodology, withholding mechanics and assessment schemes. The 1962 Income-tax Rules are the principal set; allied Rules cover wealth tax, equalisation levy, ICDS and the various disclosure and settlement schemes.

25 rules

§01.01In force

Income-tax Rules, 1962

IT Rules

⌖ Made under
Income-tax Act, 1961

⌖ Authority
CBDT

The principal subordinate legislation under the IT Act: 138 numbered Rules across 13 parts covering residence, perquisite valuation, depreciation, transfer pricing, TDS/TCS, faceless schemes and Forms 1 through 71. Amended several times a year.

§01.02Repealed

Wealth-tax Rules, 1957

⌖ Made under
Wealth-tax Act, 1957

⌖ Authority
CBDT

Procedural Rules under the Wealth-tax Act: valuation of immovable property, jewellery and business assets. Operative only for AYs up to 2015-16; retained because legacy assessments and refunds continue.

§01.03Historical / closed scheme

Income Declaration Scheme Rules, 2016

⌖ Made under
Finance Act, 2016 (Chapter IX)

⌖ Authority
CBDT

Procedure for filing Form 1 declarations under the 2016 voluntary disclosure window: manner of valuation, payment of tax and issuance of Form 4 certificates. Window closed 30 Sep 2016.

§01.04Historical / closed scheme

Direct Tax Vivad se Vishwas Rules, 2020

VsV Rules

⌖ Made under
Direct Tax Vivad se Vishwas Act, 2020

⌖ Authority
CBDT

Procedure and Forms 1-5 for the 2020 dispute-resolution scheme: withdrawal of appeals, computation of disputed tax, payment and final order. Closed scheme; succeeded by the 2024 VsV scheme for fresh disputes.

§01.05In force

Direct Tax Vivad se Vishwas Scheme, 2024

VsV 2024

⌖ Made under
Finance (No. 2) Act, 2024

⌖ Authority
CBDT

Re-launched dispute-resolution window for appeals pending as on 22 Jul 2024: Forms 1-4, payment of disputed tax with reduced interest and penalty, withdrawal of underlying appeal.

§01.06In force

Equalisation Levy Rules, 2016

⌖ Made under
Finance Act, 2016 (Chapter VIII)

⌖ Authority
CBDT

Procedure for the 6% / 2% equalisation levy on online advertising and non-resident e-commerce operators: Form 1 statement, Form 3 appeal, payment mechanics. The 2% e-commerce levy was withdrawn from 01 Aug 2024.

§01.07In force

Income Computation and Disclosure Standards, 2016

ICDS

⌖ Made under
Income-tax Act, 1961 (Section 145(2))

⌖ Authority
CBDT

Ten standards (accounting policies, inventory, construction contracts, revenue, fixed assets, foreign exchange, government grants, securities, borrowing costs, provisions) notified to govern computation under PGBP and Other Sources.

§01.08In force

Securities Transaction Tax Rules, 2004

STT Rules

⌖ Made under
Finance (No. 2) Act, 2004 (Chapter VII)

⌖ Authority
CBDT

Procedure for collection and remittance of STT by recognised stock exchanges, AMCs and lead merchant bankers: rates, returns in Form 1/2 and certificate in Form 2A.

§01.09In force

Commodities Transaction Tax Rules, 2013

CTT Rules

⌖ Made under
Finance Act, 2013 (Chapter VII)

⌖ Authority
CBDT

Procedure for collection of CTT by recognised commodity exchanges on sale of commodity derivatives: Form 1 return and Form 2 certificate.

§01.10In force

Prohibition of Benami Property Transactions Rules, 2016

Benami Rules

⌖ Made under
Benami Transactions (Prohibition) Act, 1988 (as amended in 2016)

⌖ Authority
IT Department (Benami Prohibition Unit)

Procedure for reference to the Initiating Officer, provisional attachment, adjudication and confiscation of benami property (forms BNN-1 to BNN-7).

§01.11In force

Black Money (Undisclosed Foreign Income and Assets) Rules, 2015

⌖ Made under
Black Money Act, 2015

⌖ Authority
CBDT

Procedure for valuation of foreign assets, computation of undisclosed foreign income, assessment, penalty, and the one-time 2015 compliance window (Forms 1, 6 and 7).

§01.12Partially in force

Authority for Advance Rulings (Procedure) Rules, 1996

AAR Rules

⌖ Made under
Income-tax Act, 1961 (Chapter XIX-B)

⌖ Authority
AAR / Board for Advance Rulings

Procedure for filing Form 34C-EA applications, hearings and pronouncement of rulings. Largely superseded by the Board for Advance Rulings constituted under the Finance Act, 2021. Pending matters continue under these Rules.

§01.13Partially in force

Income-tax Settlement Commission (Procedure) Rules, 1997

⌖ Made under
Income-tax Act, 1961 (Chapter XIX-A)

⌖ Authority
Interim Board for Settlement

Procedure before the Settlement Commission: Form 34B applications. The Commission was abolished from 01 Feb 2021; pending applications are heard by the Interim Board for Settlement under these Rules.

§01.14In force

Income Tax Appellate Tribunal Rules, 1963

ITAT Rules

⌖ Made under
Income-tax Act, 1961 (Section 255)

⌖ Authority
ITAT

Procedure before the ITAT: filing of appeals in Form 36, cross-objections in Form 36A, stay applications, listing, hearing and pronouncement.

§01.15In force

Faceless Assessment Scheme, 2019

⌖ Made under
Income-tax Act, 1961 (Section 144B)

⌖ Authority
CBDT (National Faceless Assessment Centre)

Procedure for assessment without physical interface: case allocation, draft order, dispute resolution, automated routing through NFAC and the Regional Faceless Assessment Centres.

§01.16In force

Faceless Appeal Scheme, 2021

⌖ Made under
Income-tax Act, 1961 (Section 250(6B))

⌖ Authority
CBDT (NFAC)

Procedure for CIT(A) appeals through the National Faceless Appeal Centre: electronic filing of Form 35, written submissions, optional video hearings.

§01.17In force

Faceless Penalty Scheme, 2021

⌖ Made under
Income-tax Act, 1961 (Section 274(2A))

⌖ Authority
CBDT

Faceless adjudication of penalty proceedings under Chapter XXI: automatic allocation and electronic communication.

§01.18In force

e-Verification Scheme, 2021

⌖ Made under
Income-tax Act, 1961 (Section 135A)

⌖ Authority
CBDT

Faceless framework for verification of information received under SFT, TDS / TCS, foreign remittances and similar feeds: automatic risk scoring and electronic notice issuance.

§01.19In force

Centralised Verification Scheme, 2019

⌖ Made under
Income-tax Act, 1961 (Section 133C)

⌖ Authority
CBDT

Scheme for centralised issuance and processing of information-call notices to financial institutions and reporting entities.

§01.20In force

Dispute Resolution Scheme for Small and Medium Taxpayers, 2022

e-DRS

⌖ Made under
Income-tax Act, 1961 (Section 245MA)

⌖ Authority
CBDT (Dispute Resolution Committee)

Alternate route for taxpayers with returned income up to ₹50 lakh and aggregate variation up to ₹10 lakh: Form 34BC application and faceless DRC adjudication.

§01.21In force

Mutual Agreement Procedure Rules, 2020

MAP Rules

⌖ Made under
Income-tax Act, 1961 (Section 295) read with treaties

⌖ Authority
CBDT (Competent Authority)

Rule 44G procedure for MAP requests under tax treaties: Form 34F application, time limits, bilateral negotiation and giving effect to MAP resolutions.

§01.22In force

Safe Harbour Rules, 2013

⌖ Made under
Income-tax Act, 1961 (Section 92CB)

⌖ Authority
CBDT

Rules 10TA-10TG providing optional safe-harbour margins for software development, ITeS, KPO, contract R&D, intra-group loans and corporate guarantees (Form 3CEFA election).

§01.23In force

Advance Pricing Agreement Scheme, 2012

APA

⌖ Made under
Income-tax Act, 1961 (Sections 92CC-92CD)

⌖ Authority
CBDT (APA Authority)

Procedure for unilateral, bilateral and multilateral APAs: pre-filing consultation, Form 3CED main application, annual compliance in Form 3CEF and rollback under Rule 10MA.

§01.24In force

Country-by-Country Reporting Rules, 2017

CbCR

⌖ Made under
Income-tax Act, 1961 (Sections 286, 92D)

⌖ Authority
CBDT

Rules 10DA-10DB implementing OECD BEPS Action 13: Master File in Form 3CEAA, CbCR in Form 3CEAD, intimations in Forms 3CEAB and 3CEAC.

§01.25In force

TDS / TCS Rules under Chapter VIIIA of IT Rules

⌖ Made under
Income-tax Act, 1961 (Chapter XVII)

⌖ Authority
CBDT

Rules 26 to 37BC: manner of computing tax to be deducted at source, time and mode of payment, statements in Forms 24Q, 26Q, 27Q, 27EQ, certificates in Forms 16, 16A and lower-deduction certificates under Rule 28AA.