The present Union Government under the leadership of PM Narendra Modi has time and again re-iterated the need to repeal old and obsolete provisions of laws and rules from the statute books.
I have prepared a list of Rules and Forms under the Income Tax Rules, 1962 and sections of the Income Tax Act, 1961 (separate post) which have served their purpose and are now redundant and can be omitted from statutes with an appropriate savings clause.
| Rule | Marginal Note | Rationale | Forms | Title of Form |
| 2C (since substituted) | NA | The Rule 2C has since been substituted by the I T (Sixth Amendment) Rules, 2007 and present Rule 2C does not refer to any Form No. 55. | Form No. 55 | Application for approval of an association or institution for purposes of exemption under section 10(23) or continuance thereof for the year. |
| 2D | Guidelines for approval under clause (23F) of section 10. | Clause (23F) of section 10 is not applicable after 31 March 1999. See Third Proviso to Clause (23F) of section 10. | Form No. 56A | Application for approval of a Venture Capital Fund or a Venture Capital Company. |
| Form No. 56B | Condensed Financial Information – Income Statement | |||
| Form No. 56C | Statement of assets and liabilties | |||
| 2DA | Guidelines for approval under clause (23FA) of section 10. | Clause (23FA) of section 10 is not applicable after 31 March 2000. See Third Proviso to Clause (23FA) of section 10. | Form No. 56AA | Application for approval of a Venture Capital Fund or a Venture Capital Company. |
| Form No. 56BA | Condensed Financial Information – Income Statement | |||
| Form No. 56CA | Statement of assets and liabilties | |||
| 2E | Guidelines for approval under clause (23G) of section 10. | Clause (23G) of section 10 has been omitted by the Finance Act, 2006 w.e.f. 1-4-2007. | Form No. 56E | Application for approval under section 10(23G) of an enterprise engaged in eligible business. |
| 5A | Form of report by an accountant for claiming deduction under section 32(1)(iia) | Not applicable in respect of Plant & Machinery acquired on or after 01st day of April 2002. Original provision in the Act has been substituted by Finance Act, 2005 w.e.f. 1-4-2006. |
Form No. 3AA | Report under section 31(1)(iia) of the Income-tax Act, 1961. |
| 17D | Prescribed foreign projects for the purposes of deduction in respect of profits and gains from projects outisde India under section 80HHB | No deduction u/s 80HHB is allowable after AY 2005-06 & onwards. See sub-section (1) of Section 80HHB. | NA | NA |
| 18AAAA | Prescribed authority for the purpose of receiving accounts from trusts or funds or institutions for providing relief to the victims of erthquake in Gujarat | Not applicable after 31 March 2004. | Form No. 10AA | Details of accounts under section 80G(5C)(v) of the Income-tax Act, 1961, for providing relief to the victims of earthquale in Gujarat. |
| 18B | Form of audit report for claiming deduction under section 80HH | No deduction u/s 80HH after AY 2000-01 & onwards. (i.e., to say 10 AY beginning from 1 April 1990). | Form No. 10C | Audit Report under section 80HH of the Income-tax Act, 1961. |
| 18BB | Form of audit report for claiming deduction under section 80HHA | No deduction u/s 80HHA after AY 2000-01 & onwards. (i.e., to say 10 AY beginning from 1 April 1990). | Form No. 10CC | Audit Report under section 80HHA of the Income-tax Act, 1961. |
| 18BBA | Form of reports for claiming deduction under section 80HHB or under section 80HHC or section 80HHD and prescribed authority under section 80HHD. | No deduction u/s 80HHB or 80HHC or 80HHD is allowable after AY 2005-06 & onwards. See sub-section (1) of sections 80HHB, 80HHC and 80HHD. | Form No. 10CCA | Audit Report under section 80HHB of the Income-tax Act, 1961. |
| sub-rule (1A) of Rule 18BBA (supra) | No deduction u/s 80HHBA is allowable after AY 2005-06 & onwards. See sub-section (1) of section 80HHBA. | Form No. 10CCAA | Audit Report under section 80HHBA of the Income-tax Act, 1961. | |
| sub-rule (1B) of Rule 18BBA (supra) | No deduction u/s 80HHB is allowable after AY 2005-06 & onwards. See sub-section (1) of sections 80HHB. | Form No. 10CCAH | Certificate under clause (ia) of sub-section (3) of section 80HHB of the Income-tax Act, 1961. | |
| sub-rule (2) of Rule 18BBA (supra) | No deduction u/s 80HHC is allowable after AY 2005-06 & onwards. See sub-section (1) of sections 80HHC. | Form No. 10CCAB | Certificate to be issued by Export House / Trading House to the supporting manufacturer for purpose of clause (b) of sub-section (4A) of section 80HHC. | |
| sub-rule (2A) of Rule 18BBA (supra) | No deduction u/s 80HHC is allowable after AY 2005-06 & onwards. See sub-section (1) of sections 80HHC. | Form No. 10CCABA | Certificate to be issued by an undertaking in the Special Economic Zone to the manufacturer undertaking referred to in sub-section (4C) of section 80HHC, for purposes of proviso to sub-section (4) of section 80HHC. | |
| sub-rule (3) of Rule 18BBA (supra) | No deduction u/s 80HHC is allowable after AY 2005-06 & onwards. See sub-section (1) of sections 80HHC. | Form No. 10CCAC | Report under section 80HHC(4) / 80HHC(4A) of the Income-tax Act, 1961. | |
| sub-rule (4) of Rule 18BBA (supra) | No deduction u/s 80HHD is allowable after AY 2005-06 & onwards. See sub-section (1) of sections 80HHD. | Form No. 10CCAD | Report under section 80HHD of the Income-tax Act, 1961. | |
| sub-rule (6) of Rule 18BBA (supra) | No deduction u/s 80HHD is allowable after AY 2005-06 & onwards. See sub-section (1) of sections 80HHD. | Form No. 10CCAE | Certificate from a person making payment to an assessee, engaged in the business of a hotel, or of a tour operator or of a travel agent, out of Indian currency obtained by conversion of foreign exchange received from or on behalf of a foreign tourist or a group of tourists. | |
| sub-rule (7) of Rule 18BBA (supra) | No deduction u/s 80HHE is allowable after AY 2005-06 & onwards. See sub-section (1B) of section 80HHE. | Form No. 10CCAF | Report under section 80HHE(4) / 80HHE(4A) of the Income-tax Act, 1961. | |
| sub-rule (8) of Rule 18BBA (supra) | No deduction u/s 80HHE is allowable after AY 2005-06 & onwards. See sub-section (1B) of section 80HHE. | Form No. 10CCAG | Certificate to be issued by exporting company to the supporting software developer for the purposes of clause (ii) of sub-section (4A) of section 80HHE. | |
| sub-rule (9) of Rule 18BBA (supra) | No deduction u/s 80HHF is allowable after AY 2005-06 & onwards. See sub-section (1) of section 80HHF. | Form No. 10CCAI | Report under section 80HHF(4) of the Income-tax Act, 1961 | |
| 20AB | Evidence of payment of STT for claiming deduction under section 88E. | No rebate is allowable after AY 2009-10 & onwards & section 88E is proposed to be omitted. | Form No. 10DB | Form for evidence of payment of securties transaction tax on transactions entered in a recognised stock exchange. |
| 20AB | Evidence of payment of STT for claiming deduction under section 88E. | No rebate is allowable after AY 2009-10 & onwards & section 88E is proposed to be omitted. | Form No. 10DC | Form for evidence of payment of secutiries transaction tax on transactions of sale of unit of equity oriented fund to the Mutual Fund |
| 22 | Application for registration of a firm. | The provisions of Registration of Firms were omitted by the Finance Act, 1992 w.e.f. 1-4-1993. | Form No. 11 | Application for registration of a firm for the purpose of the Income-tax Act, 1961 |
| Form No. 11A | Application for registration of a firm for the purpose of the Income-tax Act, 1961 | |||
| 23 | Intimation regarding subsequent changes in constitution, etc. | – | ||
| 24 | Declaration for continuation of registration. | Form No. 12 | Declaration under section 184(7) of the Income-tax Act, 1961 for continuation of registration. | |
| 24A | Communication regarding partner who is benamidar. | Form No. 12A | Communication under clause (b) of Explanation below section 185(1) of the Income-tax Act, 1961 regarding partner who is a benamidar. | |
| 25 | Certificate of registration. | – | – | |
| 29AA | Form of certification to be filed with return of income for claiming deduction under section 80-O. | No deduction is allowable after AY 2005-06 & onwards. See sub-section (1) of section 80-O. | Form No. 10HA | Form of certificate under second proviso to section 80-O of the Income-tax Act, 1961. |
| 29D | Form of declaration under second / third proviso to clause (i) of sub-section (3) of section 194C. | Section 194C was substituted by the Finance Act, 2009 w.e.f. 1-10-2009. There is not second / third proviso to clause (i) of sub-section (3) of section 194C. Rule 29D is thus redunant. | Form No. 15-I | Declaration for non-deduction of tax at source to be furnished to contractor under the second proviso to clause (i) of sub-section (3) of section 194C by sub-contractor not owning more than two heavy goods carriages / trucks during the financial year. |
| Form No. 15-J | Particulars to be furnished by the Contractor under the third proviso to clause (i) of sub-section (3) of section 194C for the financial year (assessment year) | |||
| 37 | Prescribed returns regarding tax deducted at source under section 206. | Section 206 is Not applicable after 1 April, 2005 and proposed to be omitted. | Form No. 24 | Annual return of “Salaries” under section 206 of the Income-tax Act, 1961 for the year ended on 31st March, …. |
| Form No. 26 | Annual return of deduction of tax under section 206 of the Income-tax Act, 1961 in respect of all payments other than “Salaries” for the year ended on 31st March, …. | |||
| 37E | Prescribed returns regarding tax collected at source under section 206C(5A). | Not Applicable after 1 April 2005. See Section 206C(5A) of the I T Act, 1961 and also proposed to be omitted. | Form No. 27E | Annual return of collection of tax under section 206C of the Income-tax Act, 1961 in respect of collections for the period ending …. |
| 40C | Valuation of specified security or sweat equity share being a share in the company. | Fringe Benefit Tax is not applicable from AY 2010-11 & onwards. | – | – |
| 40D | Valuation of specified security not being an equity share in the company. | – | – | |
| 40E | Prescribed conditions for the purposes of sub-clause (iii) of clause (B) of sub-section (2) of section 115WB. | – | – | |
| 40F | Part VIIC not to apply after a certain date. | – | – | |
| 44A | Application for tax clearance certificate for registration of documents in certain cases. | Section 230A has been omitted by the Finance Act, 2001 w.e.f. 1-6-2001. | Form No. 34A | Application for a certificate under section 230A(1) if the Income-tax Act, 1961. |
| 48 | Form of application for reference to High Court. | Section 256 is Not applicable in respect of orders passed by the IT Appeallate Tribunal on or after 1 October 1998. | Form No. 37 | Reference application under section 256(1) of the Income-tax Act, 1961. |
| 48D | Jurisdiction of competent authorities. | Acquisition of Immoveable Properties Under Chapter XXA of the Income-tax Act, 1961 is inoperative w.e.f. 30-09-1986. | – | – |
| 48DD | Statement to be registered with competent authority under section 269AB. | Form No. 37EE | Statement to be registered with the competent authority under section 269AB(2) of the Income-tax Act, 1961. | |
| 48E | Manner of publication of notice for acquisition. | – | – | |
| 48F | Form of appeal to appeallate tribunal. | Form No. 37F | Form of appeal to the Appeallate Tribunal against order of competent authority. | |
| 48G | Statement to be furnished in respect of transfers of immoveable property. | Form No. 37G | Statement to be furnished to registering officer under section 269P(1) of the Income-tax Act, 1961 along with the instrument of transfer. | |
| 48H | Form of fortnightly return to be forwarded by registering officer to the competent authority. | Form No. 37H | Fortnightly return under section 269P(2)(b) of the Income-tax Act, 1961 in respect of document to be registered. | |
| 48-I | Rate of interest for determination of discounted value of consideration. | Purchase of Immoveable Properties under Chapter XXC of the Income-tax Act, 1961 is inoperative after 1-7-2002 | – | – |
| 48-J | Jurisdiction of appropriate authority. | – | – | |
| 48-K | Value of immoveable property. | – | – | |
| 48-L | Statement to be furnished under section 269UC(3). | Form No. 37-I | Statement of agreement for transfer of immoveable property to be furnished to the appropriate authority under section 269Uc of the Income-tax Act, 1961. | |
| 117A | Reduction or waiver of interest payable under section 139. | Applicable for AY 1987-88 & before. | – | – |
| 123 | Application for obtaining certified copies of certain notices. | Relevant Section 281A repealed w.e.f. 19-5-1988 | Form No. 54 | Application under section 281A(2) for obtaining a certified copy of notice under section 281A(1) / 281A(1A) / 281A(1B of the Income-tax Act, 1961. |
| 124 | Fee for obtaining certified copy of notice. | – | – |
CA Nirmal Ghorawat's Blog 
3 responses to “REDUNDANT RULES AND FORMS UNDER THE INCOME TAX RULES, 1962 WHICH CAN BE OMITTED”
Hello Sir, I read the list of IT rules and forms that according to you can be omitted. I was interested in knowing if the Rule 48DD (Form 37EE) has been abolished. I do see it appears in your list, however wanted to know for sure if there is any GR to that effect that can be referred to confirm this? Are we still required to provide undertakings under section 269AB of the IT act 1961/2 for any transfer of property in the co-op housing society, that is beyond the INR 75 Lakhs value.
Chapter XX-A and XX-C are inoperative. See https://www.google.co.in/amp/s/canirmalg.wordpress.com/2015/11/02/redundant-sections-of-income-tax-act-1961-which-can-be-omitted/amp/#ampshare=https://canirmalg.wordpress.com/2015/11/02/redundant-sections-of-income-tax-act-1961-which-can-be-omitted/ . Since the principal sections are inoperative, Rules & Forms may be deemed inoperative. No separate GR issued.
Hi Nirmal – I just purchased a flat. registration is done, stamp duty and TDS paid.
my society is asking me give stamp paper declaration for appendix 25(1) https://mysocietyclub.com/bye-laws/maharashtra-cooperative-housing-society-bye-laws/appendix-25-1. basically it is an undertaking for filing form 37 E which I believe is obsolete. which you have confirmed in your blog.
I plan to plan to share your blog with the society management. Is there any other IT or society bye-law ruling which I can share to make my case
thanking you
Deepak H