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2013 (8) TMI 487 - AAR - Income TaxBar provided in section 245R(2) of the Income Tax Act for filing application before Advance Rulings – Held that:- As per decision in the case of Sepco III Electric Power Construction Corporation, In re (No.1). [2011 (8) TMI 213 - AUTHORITY FOR ADVANCE RULINGS], where a return has been filed by the applicant for advance ruling and notice under section 143(2) was issued, the matter shall be treated to be pending before the Assessing Officer, so that any issue in respect of such return cannot be entertained for advance ruling under section 245R(2) of the Act. When notice u/s.143(2) is issued, all the informations available in the return and claims thereon are subject to adjudication by the Assessing Officer and several issues emerge for adjudication by the Assessing Officer - With issue of notice u/s.143 (2) of the Act, particulars of income, claims of the assessee in the return are pending for adjudication before the Assessing Officer - Question raised in the application for advance ruling is pending adjudication before the assessing authority and the bar created under the proviso to section 245R (2) clearly operates. Therefore, these applications are not admitted for adjudication and stand rejected - Decided against the Assessee.
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