Explain the followings with reference to the provisions of Advance Ruling u/s 245 of the Income Tax Act, 1961: (a) Kiran a non-resident filed an application for advanced ruling on a transaction to be undertaken, AAR has
CS Professional · Advanced Tax Laws and Practice · PYQS · December 2021
Explain the followings with reference to the provisions of Advance Ruling u/s 245 of the Income Tax Act, 1961: (a) Kiran a non-resident filed an application for advanced ruling on a transaction to be undertaken, AAR has delivered the Advanced ruling on the subject sought but Kiran is not satisfied with the ruling given by AAR and willing to appeal against the orders of AAR, what is the remedy available with Kiran in this regard?
Answer & Explanation:
In this case Appeal cannot be filed against the decision of the AAR. However, such ruling can be questioned by way of writ petition before the High Court, or by way of Special Leave Petition before the Supreme Court of India. [Based on Finance Act, 2020] Alternative Answer 2A(ii)(a) Under Section 245W of the Income Tax Act, the applicant, if he is aggrieved by any ruling pronounced or order passed by the Board for Advance Rulings may appeal to the High Court against such ruling or order of the Board for Advance Rulings within sixty days from the date of the communication of that ruling or order, in such form and manner, as may be prescribed: Where the High Court is satisfied, on an application made by the appellant in this behalf, that the appellant was prevented by sufficient cause from presenting the appeal within the period specified in sub-section (1), it may grant further period of thirty days for filing such appeal. In this case Appeal can be filed against the decision of the AAR before the High Court. [New Section 245W inserted vide Finance Act, 2021]
Topics: Income Tax
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