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Income-tax Rules, 2026 | Rule 108 of 333

Rule 108 - Preliminary processing of application

Reviewed by CA Nikhil Gupta · Last reviewed 29 August 2026

Local extract available Legacy mapping: 10K

108Rule number
1609Local text characters
1Linked Forms
Source and status control

Primary authority: Notification No. 22/2026 / G.S.R. 198(E)

Currentness control: Base Rules effective 1 April 2026. Check later amendments, corrigenda and portal implementation before action.

Local statutory extract - official source controls

Rule text held in the production corpus

Preliminary processing of application. 108. (1) Application filed in Form No. 51 shall be complete in all respects and accompanied by requisite documents. (2) The Principal Chief Commissioner of Income-tax (International Taxation), in the case of a unilateral agreement, and the competent authority of India, in the case of a bilateral or multilateral agreement, shall serve a deficiency letter on the applicant, if— (a) any defect is noticed in the application in Form No. 51; or (b) any relevant document is not attached thereto; or (c) the application is not in accordance with the understanding reached in pre-filing consultation referred to in rule 105. (3) The deficiency letter in sub-rule (2) shall be served on the applicant within one month from the end of the month in which the application has been received. (4) The applicant shall remove the deficiency or modify the application within a period of thirty days from the date of receipt of the deficiency letter. (5) The Principal Chief Commissioner of Income-tax (International Taxation) or the competent authority of India, as the case may be, on being satisfied, may pass an order providing that the application shall not be allowed to be proceeded with, if the application is defective and the defect is not removed by the applicant in accordance with sub-rule (4). (6) The order referred to in sub-rule (5) shall be passed after providing a reasonable opportunity of being heard to the applicant. (7) In a case where an application is not allowed to be proceeded with under sub-rule (5), the fee paid by the applicant shall be refunded.

Local extract SHA-256: 498cd9be28df211bae901992f251b36d54144cf8b3181ea32114ce4cd7026cc6. This hash authenticates the local extract only; it does not certify that every amendment, table or Gazette footnote has been consolidated.

Rule map

Related sections

Use the title and official text to identify the governing section; no local section reference is asserted.

Related Forms

Form 51

Finin2min implementation framework

Trigger and scope

Determine whether the facts fall within the Rule heading and linked section. Verify commencement and the tax year involved.

Evidence and control

Preserve the return, statement, report, certificate, computation, source records and acknowledgement relevant to this Rule.

Consequence

Non-compliance may affect computation, exemption, deduction, procedural validity, reporting, recovery, appeal or penalty depending on the governing section.

Transaction application

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Authority, consent and execution

Confirm legal capacity, authorised signatory, digital-signature requirements, professional certification and portal credentials before filing or relying on the document.

Evidence and retention checklist

Retain source data, approvals, computations, correspondence, filing acknowledgement, payment record, amended filing history and the version of the governing instrument used.

Limitation, forum and remedies

Do not assume a general limitation period. Check the specific Act, Rule, notification, portal window, condonation power, appeal route and judicial treatment applicable to the event date.

Cross-law overlays

Check the Income-tax Act, 2025, transition rules, relevant Schedule, tax treaty, Companies Act, GST, FEMA and accounting treatment where the transaction crosses regimes.

Finin2min Q&A

Is this page the notified Rule?

It contains a local statutory extract, but the linked official source and later amendments control.

What should be verified immediately before use?

Effective date, amendment history, forms or utilities, filing channel, authentication method, due date, fees, transition from the 1962 Rules and any judicial interpretation.

Source and review trail

Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.

Official starting point
www.incometaxindia.gov.in

Page source links