Can a resident make an application for seeking advance ruling from the Authority for Advance Ruling (AAR)? Enumerate all those situations in which the ruling can be obtained by a resident from the Authority.

CS Professional · Advanced Tax Laws and Practice · PYQS · December 2020
Can a resident make an application for seeking advance ruling from the Authority for Advance Ruling (AAR)? Enumerate all those situations in which the ruling can be obtained by a resident from the Authority.

Answer & Explanation:

As per section 245N(b)(A) of the Income Tax Act, 1961, Any person who is resident can make an application to the Authority for Advance Ruling (AAR) to seek ruling in respect of his tax liability in the situation specified therein. The specified situation are as below: In relation to the tax liability of a non-resident arising out of a transaction undertaken or proposed to be undertaken by him with such non-resident. In relation to his tax liability arising out of a transaction which has been undertaken or is proposed to be undertaken by him and shall include the determination of any question of law or of fact specified in the application. In respect of issues relating to computation of total income which is pending before any income-tax authority or the Appellate Tribunal and shall include the determination or decision by the AAR on a question of law or of fact relating to such computation of total income specified in the application. In relation to whether an arrangement proposed to be undertaken by him is an impermissible avoidance arrangement under Chapter X-A of the Act and may be subjected to General Anti Avoidance Rules or not.

Topics: Income Tax Act, 1961

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