Income Tax Act, 1961
Section 5: Ins. by Act 25 of 2014, s. 66 (w.e.f. 12014).
5. Ins. by Act 25 of 2014, s. 66 (w.e.f. 12014).
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1[(iv) a determination or decision by the Authority whether an arrangement, which is
proposed to be undertaken by any person being a resident or a non-resident, is an impermissible
avoidance arrangement as referred to in Chapter X-A or not:]
2[Provided that where an advance ruling has been pronounced, before the date on which the
Finance Act, 2003 receives the assent of the President, by the Authority in respect of an
application by a resident applicant 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;]
3[(b) “applicant” means—
(A) any person who—
(I) is a non-resident referred to in sub-clause (i)of clause(a);or
(II) is a resident referred to in sub-clause(ii)of clause(a); or
(III) is a resident referred to in sub-clause (iia) of clause (a) falling within any such
class or category of persons as the Central Government may, by notification in the Official
Gazette, specify; or
(IV) is a resident falling within any such class or category of persons as the Central
Government may, by notification in the Official Gazette, specify in this behalf; or
(V) is referred to in sub-clause (iv) of clause (a),
and makes an application under sub-section (1) of section 245Q;
(B) an applicant as defined in clause (c) of section 28E of the Customs Act, 1962 (52 of
1962);
(C) an applicant as defined in clause (c) of section 23A of the Central Excise Act, 1944 (1
of 1944);
(D) an applicant as defined in clause (b) of section 96A of the Finance
Act, 1994 (32 of 1994);]]
(c) “application” means an application made to the Authority under sub-section (1) of
section 245Q;
(d) “Authority” means the Authority for Advance Rulings constituted under section 245-O;
(e) “Chairman” means the Chairman of the Authority;
4[(f) “Member” means a Member of the Authority and includes the Chairman and
Vice-chairman;
(g) “Vice-chairman” means the Vice-chairman of the Authority.]
245-O. Authority for Advance Rulings.—(1) The Central Government shall constitute an Authority
for giving advance rulings, to be known as “Authority for Advance Rulings”:
5[Provided that the Authority shall cease to act as an Authority for Advance Rulings for the purposes
of Chapter V of the Customs Act, 1962 on and from the date of appointment of the Customs Authority for
Advance Rulings under section 28EA of that Act.]
5[(1A) On and from the date of appointment of the Customs Authority for Advance Rulings referred
to in the proviso to sub-section (1), the Authority shall act as an Appellate Authority, for the purpose of
Chapter V of the Customs Act, 1962:
a determination or decision by the Authority whether an arrangement, which is
proposed to be undertaken by any person being a resident or a non-resident, is an impermissible
avoidance arrangement as referred to in Chapter X-A or not:]
2[Provided that where an advance ruling has been pronounced, before the date on which the
Finance Act, 2003 receives the assent of the President, by the Authority in respect of an
application by a resident applicant referred to in sub-clause
of this clause as it stood
immediately before such date, such ruling shall be binding on the persons specified in section
245S;]
3[
“applicant” means—
any person who—
is a non-resident referred to in sub-clause
is a resident referred to in sub-clause
is a resident referred to in sub-clause
of clause
falling within any such
class or category of persons as the Central Government may, by notification in the Official
Gazette, specify; or
is a resident falling within any such class or category of persons as the Central
Government may, by notification in the Official Gazette, specify in this behalf; or
is referred to in sub-clause
of clause
of section 245Q;
an applicant as defined in clause
of section 28E of the Customs Act, 1962 (52 of
1962);
an applicant as defined in clause
of section 23A of the Central Excise Act, 1944 (1
of 1944);
an applicant as defined in clause
of section 96A of the Finance
Act, 1994 (32 of 1994);]]
“application” means an application made to the Authority under sub-section
of
section 245Q;
“Authority” means the Authority for Advance Rulings constituted under section 245-O;
“Chairman” means the Chairman of the Authority;
4[
“Member” means a Member of the Authority and includes the Chairman and
Vice-chairman;
“Vice-chairman” means the Vice-chairman of the Authority.]
245-O. Authority for Advance Rulings.—
The Central Government shall constitute an Authority
for giving advance rulings, to be known as “Authority for Advance Rulings”:
5[Provided that the Authority shall cease to act as an Authority for Advance Rulings for the purposes
of Chapter V of the Customs Act, 1962 on and from the date of appointment of the Customs Authority for
Advance Rulings under section 28EA of that Act.]
5[
On and from the date of appointment of the Customs Authority for Advance Rulings referred
to in the proviso to sub-section