Form 3CE, Download Income Tax Form 3CE in PDF Format

FORM NO. 3CE for Audit Report for Non Resident or Foreign Company with Permanent Establishment. FORM NO. 3CE is relevant for a non-corporate non-resident or a foreign company receiving income by way of royalty or fees for Technical services from government or an Indian concern; it must be obtain by Chartered Accountant. The income by way of royalty or fees for technical services received from Government or an Indian concern in pursuance of an agreement made by a non-resident (not being a company) or a foreign company with Government or the Indian concern after the 31st day of March, 2003, where such non-resident (not being a company) or a foreign company carries on business in India through a permanent establishment situated therein, or performs professional services from a fixed place of profession situated therein, and the right, property or contract in respect of which the royalties or fees for technical services are paid is effectively connected with such permanent establishment or fixed place of profession, as the case may be, shall be computed under the head “Profits and gains of business or profession” in accordance with the provisions of this Act :

Provided that no deduction shall be allowed,—

  (i) in respect of any expenditure or allowance which is not wholly and exclusively incurred for the business of such permanent establishment or fixed place of profession in India; or

 (ii) in respect of amounts, if any, paid (otherwise than towards reimbursement of actual expenses) by the permanent establishment to its head office or to any of its other offices :

Provided further that the provisions of section 44BB shall not apply in respect of the income referred to in this section.

FORM NO. 3CE

[See rule 6GA]

Audit Report under sub-section (2) of section 44DA
of the Income-tax Act, 1961

1. I/We have examined the accounts and records of ______________________[name and address of the non-resident with permanent account number] relating to the business of the permanent establishment/fixed place of profession in India during the year ended on the 31st day of March,

2. I/We have obtained all the information and explanations which, to the best of my/our knowledge and belief, were necessary for the purposes of the audit and for ascertaining the amount of income by way of royalty/fees for technical services earned by the assessee.

3. I/We certify that the right or property or contract in respect of which royalty/fees for technical services is paid is effectively connected with the permanent establishment/fixed place of profession in India.

4. I/We certify that the income by way of royalty/fees for technical services under section 44DA of the Income-tax Act, 1961 in respect of the assessment year _____________is Rs.

The information relating to the income by way of royalty/fees for technical services is given in the Annexure to this Form. In my/our opinion and to the best of my/our information and according to the information given to me/us, the particulars given above are true and correct.

Signed

(Chartered Accountant)

ANNEXURE

[See paragraph 3 of Form No. 3CE]

Details relating to income by way of royalty or fees
for technical services

PART A

1.

Name of the non-resident assessee

:

2.Address of the permanent establishment/fixed place of profession in India

:

3.

Permanent account number

:

4.

Assessment year

:

5.

Status

:

PART B

6.

Nature of business or profession.

7.

(a)

Whether books of account are prescribed under section 44AA, if yes, list of books so prescribed.

(b)

Books of account maintained.

(In case books of account are maintained in a computer system, mention the books of account generated by such computer system.)

(c)

List of books of account examined.

8.

(a)

Method of accounting employed in the previous year.

(b)

Whether there has been any change in the method of accounting employed vis-a-vis the method employed in the immediately preceding previous year.

Yes/No

(c)

If answer to (b) above is in the affirmative, give details of such change, and the effect thereof on the profit or loss.

 

PART C

9.

Date of agreement with Government of India or Indian concern (enclose a copy of the agreement).

10.

Details of the intangible property such as know-how, copyrights, patents, etc. for use in respect of which or the contract in respect of which royalty/fees for technical services is payable.

11.

(a)

Name and address of the payer

(b)

Whether it is an associated enterprise

Yes/No

12.

(a)

Is royalty/fees for technical services payable in lump-sum or on other basis

(b)

Details including rate, amount, etc.

13.

Details of activity of the permanent establishment/fixed place of profession in India.

14.

Nature of connection of the right or property or contract in respect of royalty/fees for technical services with the permanent establishment/fixed place of profession in India.

15.

Details of expenditure or allowance which is not wholly and exclusively incurred for the business of the permanent establishment or fixed place of profession in India.

16.

Head-wise details of head office expenditure or allowance allocable to the permanent establishment/fixed place of profession in India.

17.

Details of reimbursement of actual expenses by the permanent establishment/fixed place of profession in India to head office or any of its other offices.

Signed

Chartered Accountant

 

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