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BAR OF APPLICATION FOR ADVANCE RULING WHERE MATTER PENDING CONSIDERATION BEFORE INCOME TAX AUTHORITIES

Income Tax - Direct Tax Code - DTC - By: - Mr. M. GOVINDARAJAN - Dated:- 12-7-2016 - Section 245R (2) provides for the rejection of application for advance rulings. The said section provides that the Authority may, after examining the application and the records called for, by order, either allow or reject the application. The proviso to this section provides that the authority shall not allow the application where the question raised in the application, is already pending before any income-tax .....

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application shall be rejected under this sub-section unless an opportunity has been given to the applicant of being heard. Where the application is rejected, reasons for such rejection shall be given in the order. In Hyosung Corporation V. Authority for Advance Rulings and another - 2016 (4) TMI 467 - DELHI HIGH COURT the petitioner s application for determination of the question regarding taxability of its profits arising from offshore supplies was rejected by the Authority for Advance Rulings .....

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der was required to specify particulars of such claim of such exemption, deduction, allowance or relief made in return is inadmissible, which according to the Assessing Officer was inadmissible. The Assessing Officer would then call upon the assessee to produce evidence of particulars that the assessee sought to rely upon in support of such claim. The High Court found that the notice issued under Section 143(2) by the Assessing Officer on 25.08.2011 in relation to the return filed for the assess .....

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otice for any of the reasons specified in Section 143(2). The High Court held that the issuance of the said notice under Section 143(2) will not constitute a bar in terms of clause (i) to the proviso under Section 245R(2) of the Act. In LS Cable and Systems Limited V. Commissioner of Income Tax and another - 2016 (5) TMI 698 - DELHI HIGH COURT the petitioner is a company incorporated under the laws of South Korea. The petitioner is engaged in the manufacture of electric wires and cables for powe .....

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g on account of offshore supplies which the petitioner has been claiming to be exempted from tax in India. The petitioner filed four applications before the Authority for Advance Rulings for the determination of the taxability of offshore supplies for four transactions. The said applications were allowed by the Authority holding that the petitioner was not liable to tax under the Act in respect of offshore supplies. The Revenue filed appeal before Commissioner (Appeals) which was dismissed. The .....

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ion of tax liability in respect of amounts received towards the offshore supplies contract. The Authority for Advance Rulings rejected the applications since notice under Section 143(2) had already been issued by the Department earlier to the filing of the applications. The petitioner pointed out that the applications pertaining to the assessment year 2013-14 had been filed even before filing of the returns, the Authority for Advance Rulings observed that if the issues are identical in all the f .....

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