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What is the meaning Appellate authority not to proceed in certain cases? What is Applicability of advance ruling? What is the meaning of Advance ruling to be void in certain circumstances? Section 245RR, 245S and 245T of Income Tax Act 1961

Appellate authority not to proceed in certain cases, Applicability of advance ruling and Advance ruling to be void in certain circumstances are defined under section 245RR, 245S and 245T of Income Tax Act 1961. Provisions under these Sections are:

Section 245RR of Income Tax Act "Appellate authority not to proceed in certain cases"

Section 245RR. No income-tax authority or the Appellate Tribunal shall proceed to decide any issue in respect to which an application has been made by an applicant, being a resident, under sub-section (1) of section 245Q.

Section 245S of Income Tax Act "Applicability of advance ruling"

Section 245S. (1) The advance ruling pronounced by the Authority under section 245R shall be binding only-
(a) on the applicant who had sought it;

(b) in respect of the transaction in relation to which the ruling had been sought; and

 

(c) on the [Principal Commissioner or] Commissioner, and the income-tax authorities subordinate to him, in respect of the applicant and the said transaction.

(2) The advance ruling referred to in sub-section (1) shall be binding as aforesaid unless there is a change in law or facts on the basis of which the advance ruling has been pronounced.

Section 245T of Income Tax Act "Advance ruling to be void in certain circumstances"

Section 245T. (1) Where the Authority finds, on a representation made to it by the [Principal Commissioner or] Commissioner or otherwise, that an advance ruling pronounced by it under sub-section (6) of section 245R has been obtained by the applicant by fraud or misrepresentation of facts, it may, by order, declare such ruling to be void ab initio and thereupon all the provisions of this Act shall apply (after excluding the period beginning with the date of such advance ruling and ending with the date of order under this sub-section) to the applicant as if such advance ruling had never been made.

(2) A copy of the order made under sub-section (1) shall be sent to the applicant and the [Principal Commissioner or] Commissioner.

   
 

Income Tax Act 1961

What is Power of Settlement Commission to reopen completed proceedings? What are Powers and procedure of Settlement Commission? Section 245E and 245F of Income Tax Act 1961

What is Inspection, etc., of reports? What is Power of Settlement Commission to grant immunity from prosecution and penalty? Section 245G and 245H of Income Tax Act 1961

What is Abatement of proceeding before Settlement Commission? What is Credit for tax paid in case of abatement of proceedings? Section 245HA and 245HAA of Income Tax Act 1961

What is Order of settlement to be conclusive? What is Recovery of sums due under order of settlement? Section 245I and 245J of Income Tax Act 1961

What is Bar on subsequent application for settlement? What is the meaning of Proceedings before Settlement Commission to be judicial proceedings? Section 245K and 245L of Income Tax Act 1961

What are Advance Rulings Definitions? What is Authority for Advance Rulings? Section 245N and 245O of Income Tax Act 1961

What is the meaning of Vacancies, etc., not to invalidate proceedings? How to file Application for advance ruling? What is Procedure on receipt of application? Section 245P, 245Q and 245R of Income Tax Act 1961

What is the meaning Appellate authority not to proceed in certain cases? What is Applicability of advance ruling? What is the meaning of Advance ruling to be void in certain circumstances? Section 245RR, 245S and 245T of Income Tax Act 1961

What are the Powers of the Authority? What is Procedure of Authority? Section 245U and 245V of Income Tax Act 1961

What are the Appealable orders? What are Appealable orders before Commissioner (Appeals)? Section 246 and 246A of Income Tax Act 1961

What is Appeal by a person denying liability to deduct tax in certain cases? What is the Form of appeal and limitation? What is the Procedure in appeal? Section 248, 249 and 250 of Income Tax Act 1961

 

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