Rule 10UB - Notice, Forms for reference under section 144BA

General Anti-Avoidance Rule: pre-reference notice and specified forms require assessee objections and Commissioner directions before panel referral

Before an Assessing Officer refers a matter under section 144BA, the AO must issue a written notice to the assessee inviting objections and detailing the arrangement, the tax benefit, the basis for concluding the arrangement's main purpose is to obtain tax benefit, reasons why specified conditions are met, and the documents relied upon. The AO's reference must use Form No. 3CEG; the Commissioner may issue directions in Form No. 3CEH if GAAR is not to be invoked and must record satisfaction in Form No. 3CEI before any panel referral.