TMI Blog2004 (4) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... mmed Quadri (Chairman), Mr. K.D. Singh (Member) and Mr. K.D. Gupta (Member) Present for the Department Mr. S. Lahiri, Commissioner of Incomed-tax-I Chennai. Present for the Applicant Mr. V. Ramachandran, Sr. Advocate others RULING (By Mr. Justice Syed Shah Mohammed Quadri) - In this case, the applicant filed application under section 245Q(1) of the Income-tax Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in technical services under an agreement. The question relates to taxability of the remuneration and other benefits paid to Mr. Kohutek. 4. To appreciate the ground of rejection stated in the aforementioned order, it would be useful to refer to the provisions of Section 245N of the Act defining the expression 'advance ruling' in so far as it is relevant for our purpose. Clasue (ii) of the defi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dertaken by a resident applicant with a non-resident, was within the meaning of the expression "advance ruling". After the amendment a determination should relate to taxability of a non-resident arising out of a transaction which has been undertaken or is proposed to be undertaken by a resident applicant with such non-resident. Thus, it is evident that the advance ruling has to be in relation to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication by a resident referred to in sub-clause (ii) of this clause as it stood immediately before such date, such ruling shall be binding on the persons specified in section 245S" A plain reading of the proviso discloses that in view of the aforementioned retrospective amendment of the definition of 'advance ruling', it saves the rulings already pronounced by the Authority before the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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