Application exclusion for pending tax disputes: Authority must refuse applications involving valuation or apparent tax-avoidance schemes. The substituted proviso to section 245R(2) bars the Authority from allowing applications where the question is pending before any income-tax authority, Appellate Tribunal (except for a resident applicant falling in sub-clause (iii) of clause (b) of section 245N) or any Court; where the question involves determination of fair market value of property; or where the transaction is prima facie designed for avoidance of income-tax (subject to the same resident-applicant exception).
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Application exclusion for pending tax disputes: Authority must refuse applications involving valuation or apparent tax-avoidance schemes.
The substituted proviso to section 245R(2) bars the Authority from allowing applications where the question is pending before any income-tax authority, Appellate Tribunal (except for a resident applicant falling in sub-clause (iii) of clause (b) of section 245N) or any Court; where the question involves determination of fair market value of property; or where the transaction is prima facie designed for avoidance of income-tax (subject to the same resident-applicant exception).
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