Friday, October 7, 2011

Advance Ruling

Once one of the bars provided under proviso to s 245R(2) is found to exist, this Authority is enjoined by the very statute that created it to decline jurisdiction to give a ruling — as held by AAR in SEPCOIII Electric Power Construction Corporation, In Re.

Pendency of the proceedings for regular assessment regarding the relevant assessment years stand in the way of the entertaining of the application by the Authority.

Order under s 197 or the pendency of the revision therefrom under s 263 of the Act on the day of the filing of this application would not bar the jurisdiction of this authority to entertain the application and to give a ruling thereon.

Decided on: 25 August 2011.

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