Rule-44DAD (of Income Tax Rules, 1962), Definitions

For the purposes of this sub-chapter,-

(i) "Dispute Resolution Committee" means the Dispute Resolution Committee constituted under section 245MA (of Income Tax Act, 1961);

(ii) the "specified order" in relation to a dispute under section 245MA (of Income Tax Act, 1961) means:-

(a) a draft order as referred to in sub-section (1) of section 144C (of Income Tax Act, 1961);

(b) an intimation under sub-section (1) of section 143 (of Income Tax Act, 1961) or sub-section (1) of section 200A (of Income Tax Act, 1961) or sub-section (1) of section 206CB (of Income Tax Act, 1961), where the assessee or the deductor or the collector objects to the adjustments made in the said order;

(c) an order of assessment or reassessment, except an order passed in pursuance of directions of the Dispute Resolution Panel;

(d) an order made under section 154 (of Income Tax Act, 1961) having the effect of enhancing the assessment or reducing the loss; or

(e) an order made under section 201 (of Income Tax Act, 1961) or an order made under sub-section (6A) of section 206C (of Income Tax Act, 1961) and in respect of which the following conditions are satisfied, namely:-

(A) the aggregate sum of variations proposed or made in such order does not exceed ten lakh rupees;

(B) the return has been furnished by the assessee for the assessment year relevant to such order and the total income as per such return does not exceed fifty lakh rupees; and

(C) the order in the case of the assessee is not based on,-

(I) search initiated under section 132 (of Income Tax Act, 1961) or requisition made under section 132A (of Income Tax Act, 1961) in the case of the assessee or any other person; or

(II) survey carried out under section 133A (of Income Tax Act, 1961); or

(III) information received under an agreement referred to in section 90 (of Income Tax Act, 1961) or 90A (of Income Tax Act, 1961).

Explanation.,--For the purposes of clause (e) of sub-rule (ii), the variation in the specified order relating to default in deduction or collection of tax at source, shall refer to the amount on which tax has not been deducted or collected in accordance with the Act.

(iii) the "specified conditions" in relation to a person who opts for dispute resolution under section 245MA (of Income Tax Act, 1961), means a person in respect of whom:-

(A) the conditions mentioned in sub-clause (I) of clause (a) of the Explanation to the section 245MA (of Income Tax Act, 1961) are satisfied;

(B) proceedings under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015) have not been initiated for the assessment year for which resolution of dispute is sought.

(iv) the "specified person" for the purposes of section 245MA (of Income Tax Act, 1961) shall be a person who fulfils the specified conditions.]