Law:

Section:

Section 245R of the Income-tax Act, 1961 - Advance Ruling - Procedure on receipt of application for - Date of filing of return is relevant date to consider applicability of proviso to section 245R(2) [In favour of revenue] The date of the filing of the application before the Authority should be the crucial date for determining the question of the applicability of clause (i) of the proviso to section 245R(2) and not the date when the application comes up for hearing either under section 245R(2) or under section 245R(4). The same principle should be applied to the other limb of the proviso. That can be achieved only by fixing the point at the filing of a return of income by the applicant and not the vagaries of the IT authority issuing a notice or on the date of that notice. The assessing authority has a period of one year to issue a notice under any one of the provisions, and the starting point could not be made to depend on his issuing a notice or on his not issuing a notice at all. After all, while filing a return, a person is expected to be honest and is expected to set out all information truthfully even if he is of the view that an item of income derived is not chargeable to tax or is not chargeable to tax in this country. By filing a return, that person is inviting the Assessing Officer to decide the question for him and that makes the question pending before the IT authority. Then clearly, the bar under clause (i) of the proviso to section 245R(2) would be attracted. Therefore, date of filing of the return is the relevant date to consider the applicability of the proviso to section 245R(2). Section 245R of the Income-tax Act, 1961 - Advance Ruling - Procedure on receipt of application for - If answer to question arising before Advance Ruling Authority would be involved in return filed or would arise out of return filed, bar under proviso to section 245R(2) would be attracted [In favour of revenue] The Advance Ruling Authority is a creature of the Act. The provisions of the Act that create it and confer jurisdiction on it in certain matters, also restrict its jurisdiction or divest it of its jurisdiction in certain circumstances. One of the situations or…

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