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Advance_Ruling_Procedure

The procedure for obtaining an advance ruling under the Income Tax Act, 1961 involves an eligible applicant submitting a specific form, which is then scrutinized by the Authority for Advance Rulings (AAR). If accepted, the ruling is issued within six months and is binding on both the applicant and the tax department, providing clarity and reducing litigation. Only specified persons, including residents and non-residents, are eligible to apply for these rulings.

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4 views2 pages

Advance_Ruling_Procedure

The procedure for obtaining an advance ruling under the Income Tax Act, 1961 involves an eligible applicant submitting a specific form, which is then scrutinized by the Authority for Advance Rulings (AAR). If accepted, the ruling is issued within six months and is binding on both the applicant and the tax department, providing clarity and reducing litigation. Only specified persons, including residents and non-residents, are eligible to apply for these rulings.

Uploaded by

jennyp08j2000
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Procedure for Advance Ruling under the Income Tax Act, 1961

1. Start

- The process begins when an eligible applicant seeks an advance ruling.

2. Submission of Application

- The applicant submits Form No. 34C to 34F, depending on the category of the applicant.

3. Scrutiny of Application

- The Authority for Advance Rulings (AAR) examines the application for completeness and

admissibility.

4. Decision on Admission

- If Rejected: Applicant is informed with reasons -> End

- If Accepted: Notice is sent to the Principal Commissioner/Commissioner of Income Tax

(PCIT/CIT).

5. Response from PCIT/CIT

- PCIT/CIT submits their written response/objections.

6. Hearing Opportunity

- Both the applicant and the tax department get a chance to present their case before the AAR.

7. Examination by AAR

- AAR analyzes facts, legal provisions, and arguments presented.


8. Pronouncement of Ruling

- AAR issues its ruling within 6 months of receiving the application.

9. Binding Nature of Ruling

- The ruling is binding on both the applicant and the income tax department.

10. End

- The process concludes with the issuance of the ruling.

Key Notes:

- Advance rulings provide clarity on tax matters before transactions occur.

- Only specified persons (residents/non-residents) can apply.

- Rulings ensure reduced litigation and greater tax certainty.

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