Form 62: Reference by the Assessing Officer to the Commissioner under section 274(1)
Source checked 21 October 2026 · Original author: Finin2min Editorial Desk
Purpose, person and period
Reference by the Assessing Officer to the Commissioner under section 274(1).
The Assessing Officer makes Form 62 reference to the Commissioner under section 274(1), after the required notice and consideration of the taxpayer response; it is not a taxpayer application.
Period gate: This numbered form belongs to the Income-tax Rules, 2026, effective 1 April 2026. The predecessor 3CEG is a concordance, not permission to change an earlier-year filing into a new-law form. For earlier periods, use the applicable 1961 Act form and saved procedure.
Controlling rule and source pages
Rule 129; Section 179(1), Section 274(1), Section 274(2), Section 274(4). Physical PDF pp 487-488; printed Gazette pp 2019-2020.
Rule 129 — connected rule text
129. Notice and Forms for reference under section 274. — (1) For the purposes of section 274(1), before making a reference to the Commissioner, the Assessing Officer shall issue a notice to the assessee seeking objections, if any, as to the applicability of provisions of Chapter XI in his case. (2) The notice referred to in sub-rule (1) shall contain the following: — (a) details of the arrangement to which the provisions of Chapter XI are proposed to be applied; (b) the tax benefit arising under the arrangement; (c) the basis and reason for considering that the main purpose of the identified arrangement is to obtain tax benefit; (d) the basis and the reasons why the arrangement satisfies the conditions in section 179(1)(a) to (d); and (e) the list of documents and evidence relied upon in respect of clauses (c) and (d). (3) The reference by the Assessing Officer to the Commissioner under section 274(1) shall be in Form No. 62. (4) Where the Commissioner is satisfied that the provisions of Chapter XI are n ot required to be invoked with reference to an arrangement, he shall record his satisfaction regarding the applicability of the provisions of Chapter XI in Form No. 63 and issue directions to the Assessing Officer in Form No. 63, after considering __ (a) the reference received from the Assessing Officer under section 274(1); or (b) the reply of the assessee in response to the notice issued under section 274(2). (5) The Commissioner, before making a reference to the Approving Panel under section 274(4), shall, — (a) record his satisfaction regarding the applicability of the provisions of Chapter XI in Form No. 64; and (b) seek specific factual report in writing from the International Financial Service Centre Authority, where the assessee is an entity located in an International Financial Service Centre. (6) The Commissioner or Principal Commissioner shall make a reference under section 274(4) to an Approving panel in Form No. 64 with such other documents as deemed fit, with all being submitted in four sets, either in Hin di or English.
Completed field illustration
Fictional data, not for filing. An unissued authority-reference model shows a hypothetical GAAR file and the information the AO must refer to the Commissioner.
| Form field / block | Completed fictional entry |
|---|---|
| Part A: assessee / PAN / address / contact | Example Trading Ltd / synthetic ZZZCE0000Z / 10 Model Road, Pune / tax@example.invalid, +91 0000000000 |
| DIN / status / residence | MODEL-DIN-062, not a real DIN / company / resident |
| Row 9: pending TY / other years | 2026-27 / none |
| Row 10: assessment limitation date | Model input 31 December 2029; not a legal calculation or deadline opinion |
| Row 11: reasons proposed | Hypothetical circular funding with no independent commercial activity; AO concern only, no finding of avoidance |
| A-1 to A-4: arrangement / benefits / computation / main purpose | Model funding diagram; assumed tax benefit Rs 4 crore to assessee and Rs 4 crore across all parties, same benefit not doubled; asserted main tax purpose requires evidence |
| A-5/A-6: notice and response | Model Rule 129(1) notice 1 June 2028; taxpayer reply 20 June 2028 asserts commercial purpose |
| A-7/A-8: statutory limb and consequences | Alleged lack of commercial substance, with disputed factual basis; proposed consequence requires separate computation |
| AO name / designation / signature | MODEL AO ROLE / NOT ISSUED / NOT SIGNED |
This illustrates the named fields, not every possible schedule. Use the complete official extract for additional applicable fields, annexures and verification. “Not signed” means no professional certification or authority action has occurred.
Reconcile the example
- A proposed AO reference is not an Approving Panel decision.
- One assumed Rs 4 crore benefit is not counted twice merely because it appears in assessee and all-party descriptions.
The limitation date and tax benefit are explicit scenario inputs. This model neither determines GAAR applicability nor issues a notice, DIN or reference.
Prepare, furnish and retain
- Use the form identity and period above, then determine the person who prepares, issues or verifies it from Rule 129. An authority-issued order is not an applicant filing.
- Collect the records that support the actual fields in the example; keep any mandatory schedules and annexures specified in the complete source form.
- Reconcile dates, amounts, units and identifiers to the underlying records. Preserve the applicable rule version and any later correcting notification.
- Where the rule prescribes electronic furnishing, use the current official utility/schema and authorised verification. A local PDF does not produce a portal acknowledgement.
- Retain the submitted version, supporting schedules and actual acknowledgement or issued certificate/order, as applicable. This fictional model supplies none of those evidential outcomes.
Download the correct documents
Official Form 62 source extract Filled sample — fictional field illustration
The official extract preserves source pages; later amendments are supplied with affected forms. Read the April corrigendum where its printed-page corrections apply. The filled field illustration is an educational model and cannot be filed.
Primary sources
Questions readers ask
Does this sample prove approval, filing or a professional conclusion?
No. It completes the named fields using synthetic facts. It has no real signature, DSC, approval or acknowledgement.
Can I use the legacy form number for a current tax-year obligation?
Establish the governing period first. A predecessor number is a cross-reference; earlier-year procedures and current-year forms must be kept distinct.