Loading...

⚠ ✕
❮ Top
☎ Help
Draft upto 3 replies to a
tax notice — FREE 🎉 ✕

150 credits · 30 days

• Basic Search → 1 Credit
• Advanced Search → 3 Credits
• Drafter → 20 to extract + 25 per issue
(≈ upto 2-3 drafts on us)

Already used our earlier 20-Credit Demo?
You are still eligible for this new 150-Credit Demo.

Activate your FREE Demo →
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Category: ?
Categorized by AI
---- All Categories ---- ❯
  • ---- All Categories ----
  • Income Tax
  • GST
  • Customs, DGFT & SEZ
  • FEMA & RBI
  • Corp. Laws, SEBI & IBC
  • PMLA, Black Money & ED
  • Budget
  • News and Press Release
  • PTI News
Month:
---- All Months ---- ❯
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ---- ❯
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    DRI seizes 10,000 kg of firecrackers worth Rs. 3 crore at Nhava Sheva port
    CCI approves acquisition of certain additional equity share capital of IIFL Capital Services Ltd by FIH Mauritius Investments Ltd.
    CCI approves acquisition of Onesto Labs Private Limited by L’Oréal India Private Limited
    Central govt employees to get salary in advance on Sep 25 in view of 3-day bank strike
    BharatBenz Inaugurates India’s Highest-Altitude Workshop at Leh-Ladakh in Collaboration with PPS Trucking
    KRAFTON India Brings the Final BGMI Redeem Code Drop on September 23 with the Golden Miramar - Pan
    Sikkim govt to introduce Aadhaar-based biometric attendance for employees from Oct 1
    Swastika Infra Limited Announces Launch of Initial Public Offering
    S&P, Fitch, others raise FY’27 India GDP growth projections; see RBI rate hike on inflation fears
    Centre for Trade and Investment Law Hosts Webinar on WTO Fisheries Subsidies Agreement
    Banks to remain open on Sunday, 27th September, for convenience of customers
    CGPSC scam: ED alleges Rs 45 lakh 'CSR' payment to ex-CGPSC chief for favouring businessman's kin
    Banks to remain open on Sunday for customers' convenience in view of proposed strike
    S&P, Fitch raise FY'27 India GDP growth projections; see 25 bps RBI rate hike on inflation fears
    ADB raises India's GDP growth forecast to 7pc on stronger-than-expected Q1 growth
    Hughes Precision Raises ₹250+ Crore to Accelerate Ammunition Manufacturing Expansion
    Fitch raises India's FY'27 GDP growth projections to 6.9 pc
    ED searches against entities involved in IBC process for Kolkata company
    Union Minister Shri Piyush Goyal Interacts with Industry Stakeholders on Ease of Doing Business, FTA Opportunities and Trade Reforms Workshop
    S&P raises India's FY27 GDP growth forecast to 7pc, sees 25 bps RBI rate hike
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

News
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
September 24, 2026
Show AI Summary
Restricted firecracker imports concealed through misdeclaration trigger seizure and criminal investigation under customs enforcement law.
Concealment of restricted firecrackers within an import container declared as bottles and wallpaper resulted in customs seizure under the Customs Act, 1962. Firecracker imports are restricted under the Foreign Trade Policy and require valid Directorate General of Foreign Trade authorisation and a Petroleum and Explosives Safety Organisation licence under the Explosives Rules, 2008. Investigation into attempted clandestine clearance led to the arrest under the Customs Act of a key syndicate member alleged to have orchestrated the import.
September 24, 2026
Show AI Summary
Merger-control approval permits FIHM's phased acquisition of IIFL Capital Services equity through subscription, open offer and promoter purchase.
Merger-control approval permits FIHM to acquire certain additional equity share capital of IIFL Capital Services through a preferential issue on a private-placement basis and through shares tendered in a mandatory open offer. FIHM may also buy shares from the target's promoters if its aggregate shareholding with HWIC remains below the Target Shareholding after these steps.
September 24, 2026
Show AI Summary
Full ownership acquisition in beauty and personal care receives competition approval for skin care and hair care operations.
Competition approval covers L'Ore al India Private Limited's acquisition of the entire shareholding in Onesto Labs Private Limited. The proposed combination concerns India's beauty and personal care sector and places the Target under the Acquirer's full ownership. Both entities operate in beauty and personal care products, including skin care and hair care.
September 23, 2026
Show AI Summary
Advance disbursement of central government pay addresses anticipated banking disruption, with subsequent adjustment against the following month's entitlements.
Advance disbursement of September 2026 salary, wages and pensions is authorised on 25 September for central government employees, industrial employees and pensioners because of the proposed bank strike. Payments constitute advance payments and must be adjusted after full monthly entitlements are determined, with any adjustment made from October salary or wages. End-of-month banking transactions should, where feasible, be processed in advance.
September 23, 2026
Show AI Summary
Commercial vehicle after-sales support expands authorised repairs, genuine spares, roadside assistance, and uptime for remote high-altitude fleet operations.
Commercial vehicle after-sales support is expanded through a BharatBenz 3S facility operated by PPS Trucking for remote high-altitude fleet operations. The facility provides sales, authorised service, genuine spare parts, diagnostic systems, repair tools and round-the-clock roadside assistance. Trained technicians, service bays and regional spare-parts inventory are intended to reduce repair turnaround times and vehicle downtime. The support network serves commercial vehicles engaged in stone-crushing, road construction, communication-infrastructure transport and other heavy-duty operations in difficult terrain.
September 23, 2026
Show AI Summary
Redeem-code eligibility limits govern BGMI's final Golden Miramar Pan reward drop through the official redemption portal.
BGMI's final redeem-code series offers limited-time Golden Miramar - Pan rewards through general redeem codes valid only until September 25 on the official redemption website. Redemption requires a Character ID, valid code, Captcha verification, and submission through the redeem centre. Each code is limited to 10 users on a first-come, first-served basis; users may redeem one code daily, and each code is usable once per account. Guest accounts are excluded, and in-game mail rewards must be claimed within 30 days.
September 23, 2026
Show AI Summary
Aadhaar-based biometric attendance requires employee registration, integrates leave records, and triggers automated pay deductions for unauthorised absences.
Aadhaar Enabled Biometric Attendance System (AEBAS) is mandatory for regular and temporary government employees and integrates attendance and leave data with PRANALI. Monthly reports are verified to identify authorised leave and net absence. Remaining unauthorised absence may result in digitally issued extraordinary-leave or leave-without-pay orders, personnel-record updates, and automated salary deductions. Temporary employees' failure to record attendance is treated as leave without pay.
September 23, 2026
Show AI Summary
Initial public offering by Swastika Infra combines a fresh issue and offer for sale, subject to approvals.
Swastika Infra Limited proposes an initial public offering comprising a fresh issue of equity shares and an offer for sale, with proposed listings on BSE Limited and National Stock Exchange of India Limited. The allocation framework covers qualified institutional buyers, anchor investors, non-institutional investors and retail individual investors. Net fresh-issue proceeds are intended for incremental working-capital requirements and general corporate purposes. Completion remains subject to statutory and regulatory requirements, approvals, market conditions and other considerations.
September 23, 2026
Show AI Summary
Monetary policy tightening may follow resilient growth as inflation, conflict risks, and weather pressures reshape economic projections.
FY27 GDP growth projections were raised to a range of 6.9%-7.1% on stronger June-quarter activity, resilient demand, investment, consumption, exports, capital inflows and limited supply disruptions. Growth may moderate as energy costs reduce purchasing power, activity slows and weather risks persist. Policy-rate tightening is projected as an inflation response, with forecasts of a 25-basis-point increase and temporary rate rises to offset price pressures.
September 23, 2026
Show AI Summary
Fisheries subsidy disciplines require transparent reporting, domestic monitoring, and coordinated implementation to address harmful subsidies and IUU fishing.
Fisheries subsidy disciplines target support linked to illegal, unreported and unregulated fishing, fishing of overfished stocks subject to rebuilding conditions, and fishing on the unregulated high seas. Members accepting the Agreement must implement and administer these disciplines and comply with notification and transparency obligations. Effective implementation depends on reliable fisheries data, monitoring and reporting systems, vessel registration, inter-agency coordination and technical capacity.
September 23, 2026
Show AI Summary
Essential banking service continuity requires Sunday operations by public sector and regional rural banks during the proposed strike.
Public Sector Banks and Regional Rural Banks will function normally on Sunday, 27 September 2026, to prevent an extended interruption to public banking needs during the proposed nationwide strike. Reserve Bank approval covers full operation of branches, offices, ATM-link branches and Currency Chests, alongside measures intended to maintain uninterrupted essential banking services.
September 23, 2026
Show AI Summary
Money laundering allegations in public recruitment describe CSR-linked payments, examination manipulation, and candidate payments treated as proceeds of crime.
Money-laundering allegations concerning state public-service examinations identify two alleged streams of proceeds of crime: corporate social responsibility funding allegedly routed to an institution controlled by the former commission chairman in return for favouring selected candidates, and money allegedly collected from candidates and families for advance access to examination papers and secured selection. The alleged CSR payment was projected as legitimate institutional funding, while candidate-related collections were allegedly possessed, used, transferred, or projected as legitimate transactions.
September 23, 2026
Show AI Summary
Banking service continuity measures require public sector and regional rural banks to operate on Sunday during the proposed strike.
Banking-service contingency arrangements require Public Sector Banks and Regional Rural Banks to operate normally on Sunday, 27 September 2026, ahead of a proposed three-day bank strike. Reserve Bank approval permits bank branches, offices, ATM-linked branches and currency chests to remain fully operational. Customers are advised to use mobile banking, ATMs, internet banking, BC Points and UPI if the strike occurs, and to complete essential transactions in advance.
September 23, 2026
Show AI Summary
Inflation-driven monetary tightening may accompany strong growth as demand, price increases and adverse supply conditions shape rate expectations.
Inflationary pressures, robust demand, price rises and adverse supply developments are expected to lead to policy-rate tightening by RBI. Fitch anticipates a 25-basis-point rate rise in October, further tightening in early 2027, followed by easing in 2028. Growth projections were upgraded following stronger-than-expected June-quarter activity, but activity is expected to moderate as the effects of GST rationalisation and income-tax cuts recede, manufacturing and services slow, and below-normal monsoon conditions affect activity.
September 23, 2026
Show AI Summary
GDP growth forecast rises as domestic demand, investment, and public capital spending sustain economic resilience amid external risks.
India's GDP growth forecast for the current fiscal year is raised to 7 per cent, supported by investment demand, resilient consumption, manufacturing and services activity, lower-than-expected supply disruptions, and sustained capital inflows. Domestic demand, infrastructure expenditure, regulatory reforms, and improving private investment are expected to support growth. Inflation is projected to remain within the central bank's target range, subject to risks from geopolitical uncertainty, commodity prices, and weather-related disruption. Fiscal management is supported by public capital expenditure and robust direct-tax revenue.
September 23, 2026
Show AI Summary
Primary and secondary investment funds ammunition manufacturing expansion, increasing small-caliber capacity and establishing medium-caliber production.
Hughes Precision Manufacturing Pvt. Ltd. completed a Rs. 250+ crore investment round through primary and secondary investments. The capital will expand small-caliber ammunition capacity from approximately 80 million to 220 million rounds and establish a dedicated medium-caliber ammunition manufacturing facility. The expansion broadens its product portfolio and is supported by an order book exceeding Rs. 1,000 crore, including domestic defence and export orders scheduled for execution over approximately two years.
September 23, 2026
Show AI Summary
GDP growth outlook signals resilient expansion, but inflation, weaker rural demand, and supply pressures may prompt monetary tightening.
India's FY 2026-27 GDP growth forecast is raised to 6.9 per cent from 6.4 per cent, reflecting strong June-quarter growth and economic resilience. Economic momentum is projected to moderate as slower manufacturing and services expansion, below-normal monsoon rains, and rising inflation constrain demand. Strong demand, price increases and adverse supply conditions are expected to lead to monetary tightening.
September 23, 2026
Show AI Summary
FEMA scrutiny of insolvency acquisitions examines fund flows and possible indirect control by potentially ineligible resolution participants.
FEMA investigation concerns suspected foreign-exchange contraventions and the source and movement of funds used to acquire control of McNally Bharat Engineering Company Limited following its corporate insolvency resolution process. The inquiry also examines whether the process may have enabled persons potentially ineligible under Section 29A of the Insolvency and Bankruptcy Code, 2016, to regain indirect control of the company.
September 23, 2026
Show AI Summary
Export facilitation reforms integrate local support, digital trade intelligence, and streamlined Free Trade Agreement procedures to improve market access.
Export facilitation reforms contemplate integrated Commerce and Industry offices and trained local personnel to provide exporters with common access points and district-level handholding support. The Trade Connect platform is envisaged to provide product-wise and HSN-code-wise tariff, Free Trade Agreement and procedural information, supported by digital and AI-enabled tools. Reforms also address electronic verification of Certificates of Origin, integration across the export cycle, digitalisation, simplified trade documentation, reduced compliance burden, and adherence to international quality standards.
September 23, 2026
Show AI Summary
Monetary policy outlook: resilient growth and persistent inflation support a projected policy-rate increase amid weather and geopolitical risks.
India's FY27 growth outlook is revised upward to 7 per cent from 6.6 per cent, supported by industrial activity, consumption, goods exports and government investment. Consumer inflation is projected to average 5.1 per cent. Persistent inflationary pressures, solid growth, conflict in West Asia and weather-related risks are expected to support higher interest rates, while below-normal monsoon rainfall may affect agricultural output and food inflation.

News

Back

All News

Showing Results for :
Reset Filters
No Records Found

News

Back

All News

FORM NO. 120 – FREQUENTLY ASKED QUESTIONS (FAQS)

April 1, 2026

Contents
Forms
Summary
Note

Note

-

Bookmark

Print

Print

FORM NO. 120 – FREQUENTLY ASKED QUESTIONS (FAQS)

Name of form as per I.T. Rules, 1962

Form 34C, 34D, 34DA, 34E & 34EA

Name of form as per I.T. Rules, 2026

Form No. 120

Corresponding section of I.T. Act, 1961

245N to 245W

Corresponding section of I.T. Act, 2025

380 to 389

Corresponding Rule of I.T. Rules, 1962

44E, 44F and 44FA

Corresponding Rule of I.T. Rules, 2026

200 to 202

1. What is Form No. 120?

Ans: Form No. 120 is an application form primarily used by non-resident applicants to seek a determination or ruling from the Board for Advance Rulings (BAR) on questions of law or fact relating to proposed or undertaken transactions by the applicant. These forms facilitate clarity and certainty on tax liability issues in advance, avoiding future disputes and litigations.

2. Who should file Form No. 120 and what is prescribed fee for seeking an Advance Ruling?

Ans: Form No. 120 can be filed by following category of applicants by paying prescribed fee as mentioned against respective category of applicants/transaction value below:

Applicant Category

Basis for Fee Determination

Transaction Value

Application Fee

Non-resident applicants

Aggregate value of transaction(s)

Amount not exceeding Rs. 100 crores.

₹2 lacs

Amount exceeding Rs. 100 Crores but not exceeding Rs. 300 Crores.

₹5 lacs

Amount exceeding Rs. 300 Crores.

₹10 lacs

Resident applicants transacting with non-residents

Aggregate value of transaction(s)

Amount not exceeding Rs. 100 crores.

₹2 lacs

Amount exceeding Rs. 100 Crores but not exceeding Rs. 300 Crores.

₹5 lacs

Amount exceeding Rs. 300 Crores

₹10 lacs

Specified resident applicants (including high-value residents)

Aggregate value of transaction(s)

Amount not exceeding Rs. 100 crores.

₹2 lacs

Amount exceeding Rs. 100 Crores but not exceeding Rs. 300 Crores.

₹5 lacs

Amount exceeding Rs. 300 Crores.

₹10 lacs

Public Sector Companies

In all cases

₹10,000

GAAR applicants

(resident or non-resident)

In all cases

₹10,000

3. When is Form No. 120 required to be filed?

Ans: Form No. 120 is required to be filed only if the applicant/taxpayer intends to seek a determination or ruling from the Board for Advance Rulings (BAR) on questions of law or fact relating to proposed or undertaken transactions by the applicant.

4. What is the time limit for filing Form No. 120?

Ans: There is no time limit for filing Form No. 120. Filing of Form No. 120 purely depends upon the intention of assessee i.e. whether he intends to obtain advance ruling in respect of a transaction already completed or proposed to be completed in future.

5. How many times can Form No. 120 be filed in a year?

Ans: Form No. 120 is transaction/event based and is only filed in case of an applicant intending to obtain advance ruling from the Board of Advance Rulings (BAR). There is no fixed annual frequency; it depends upon the number of transactions in respect of which an applicant wishes to obtain advance ruling. It is quite important to mention here that an applicant cannot file multiple Form No. 120 in respect of a single transaction.

6. What documents are required to file Form No. 120?

Ans: Proof of payment of application fee (challan, bank receipt, etc.).

  • PAN card copy (for residents and non-residents if allotted).
  • Taxpayer Identification Number (TIN) or equivalent for non-residents.
  • Certificate of incorporation/registration (company, trust, partnership, etc.).
  • Address and identity proof of applicant.
  • Proof of being Non-resident.
  • Details and documents regarding business/profession (Memorandum of Association, Partnership/Trust deed, etc.).
  • Question(s) relating to the transaction on which advance ruling is required.
  • Statement of relevant facts having a bearing on the question(s).
  • Statement of interpretation of law or facts.
  • Copies of relevant agreements/arrangements giving rise to transaction, if any.
  • Supporting documents for group structure/beneficial ownership (for non-residents).
  • Details of other parties to arrangement (Identity, PAN, Relation).
  • Document indicating Tax year(s) during which the tax benefit is likely to arise (give year wise break-up).
  • Any relevant assessment orders, appellate orders, or documents if proceedings/arbitrations are pending or decided.
  • Authorization letter/power of attorney if the application is filed by an authorized representative.
  • Any other document as required by the Board or mentioned in instructions relevant to the case.
  • The applicant shall, along with the attachment, provide an index of the documents uploaded with the description and corresponding page numbers.

7. Do I need to attach proof of fee payment?

Ans: Yes. Proof of fee payment (challans/BSR codes) is mandatory for filing of Form No. 120.

8. How and where is the fee paid?

Ans: The fee must be paid online through the Bharat Kosh portal, and the receipt must be attached with the application.

9. If I don’t have PAN and I have never been assessed to tax in India, can I still apply for an advance ruling before BAR?

Ans: Yes. If you do not have a PAN and have never been assessed to tax in India, you can still apply for an advance ruling before the Board for Advance Rulings (BAR). In such cases, the Department will allot a PAN after obtaining the required particulars from you.

10. While filling Part A, can I leave mobile number blank?

Ans: Mobile number ensures faster communication and verification; it is recommended to provide it.

11. What if I don’t upload requisite documents at the time of filing Form No. 120?

Ans: Your application for seeking advance ruling will be processed only when the requisite documents are submitted. If your application is found defective, the Secretary, BAR shall seek an explanation from you as to why the application may not be rejected and direct you to submit any relevant material or information in support of such application within such time as allowed by the BAR.

12. Can I file Form No. 120 after filing an appeal against the order of any Income Tax Authority, the Appellate Tribunal or any court?

Ans: No. Form No. 120 can only be filed in respect of question(s) or transaction(s) on which on which the advance ruling is sought, which is/are not pending before any Income Tax Authority, the Appellate Tribunal or any court.

13. Can Form No. 120 be filed offline?

Ans: No. Henceforth, Form No. 120 can only be submitted online through the Income Tax e-Filing Portal.

14. Can I edit Form No. 120 after submission?

Ans: No. Once Form No. 120 is submitted and acknowledgment is generated, it cannot be edited. Ensure all details are correct before submission.

15. What are common mistakes to avoid?

Ans: Following common mistakes should be avoided: -

  • Incomplete or unsigned forms
  • Missing Annexures or Proof of Fee Payment
  • Inadequate disclosure of Group Structure and Beneficial Ownership
  • Submitting from an unregistered Email ID.

16. Is advance ruling available only before entering into a transaction?

Ans: No. An advance ruling can be sought both before or after undertaking a transaction, as long as the issue is not pending before any income-tax authority, Tribunal, or Court (except for PSUs).

17. What type of questions can I ask in an advance ruling application?

Ans: You may ask questions of law, fact, or mixed questions directly relating to your tax liability, including:

  • DTAA interpretation
  • Permanent Establishment
  • Withholding tax
  • Taxability of services, royalties, fees
  • GAAR applicability

18. Can multiple questions be raised in one application?

Ans: Yes. Multiple questions may be raised, provided they arise from the same transaction/arrangement and are clearly framed.

19. Can advance rulings be sought for proposed or ongoing/completed transactions?

Ans: Yes. Advance rulings may be sought for transactions proposed or already undertaken, provided the question is not pending before any income-tax authority, Tribunal, or Court (subject to PSU relaxation).

20. Can I withdraw my advance ruling application?

Ans: Yes. An application may be withdrawn within 30 days from the date of filing.

21. I want to declare that no question(s) on which advance ruling is sought is pending before any Income Tax Authority, the Appellate Tribunal or any court. Where should this be mentioned?

Ans: This is mandatory part of the Verification Section of Form No. 120.

22. What happens if my application is found defective?

Ans: If the application is defective, the Secretary of the BAR will intimate the defects and grant a reasonable opportunity to rectify them. The application will be treated as filed only after defects are removed.

23. Will my application be rejected automatically if the tax department does not send records?

Ans: If the jurisdictional PCIT/CIT fails to furnish records, the BAR may still proceed to allow or reject the application without waiting for those records.

24. Is the applicant entitled to a hearing before rejection or final disposal?

Ans: Yes. Before rejection or final disposal, the applicant must be given a reasonable opportunity of being heard.

25. Can I modify or reframe questions after filing the application?

Ans: Normally, questions cannot be amended. However, in deserving cases, the BAR may permit modification or reframing of questions before the hearing.

26. What are the conditions which may cause my application to be summarily rejected?

Ans: Under section 384(3) of the Income Tax Act, 2025 certain restrictions have been imposed on the admissibility of the application. The BAR is bound to reject applications which raise the following three categories of questions.

  • The question is pending before any income-tax authority, Tribunal, or Court (except PSU relaxation);
  • It involves determination of fair market value of property; or
  • It relates to a transaction designed primarily for tax avoidance (other than GAAR rulings).

27. What are the legal consequences of a ruling (binding effect, appeal, voidness, limitation)?

Ans:

  • Binding effect: Binding on the applicant and jurisdictional income-tax authorities for the specific transaction.
  • Voidness: Can be declared void ab initio if obtained by fraud/misrepresentation.
  • Appeal: Appeal lies to the jurisdictional High Court within 60 days of communication.
  • Limitation: Pendency period before BAR is excluded while computing limitation for assessment/reassessment.

28. Can BAR ask for additional facts or documents later?

Ans: Yes. BAR may permit or require submission of additional facts, which must be duly verified.

29. Can the advance ruling be appealed?

Ans: Yes. Either the taxpayer or the Department may appeal to the High Court within 60 days of communication.

30. Is the time taken by BAR excluded from limitation periods?

Ans: Yes. The period during which the advance ruling application is pending is excluded while computing limitation periods for assessment.

31. Can an advance ruling be declared void later?

Ans: Yes. If the ruling is obtained by fraud or misrepresentation, BAR may declare it void ab initio.

32. Can the BAR amend or correct its own order?

Ans: Yes. The BAR may rectify mistakes apparent from the record, either on its own motion or on an application by the taxpayer or the Department, after giving an opportunity of being heard.

33. Is an advance ruling binding forever?

Ans: No. The ruling is binding only so long as there is no change in facts or law. Any material change can render the ruling inapplicable.

34. Can Public Sector Companies seek advance rulings despite pendency of proceedings?

Ans: Yes. Public Sector Companies are permitted to seek advance rulings even if proceedings are pending on the same or similar issues before income-tax authorities or appellate forums.

35. Is GAAR determination available to all categories of persons?

Ans: Yes. Any person (resident or non-resident) may seek an advance ruling on whether an arrangement constitutes an impermissible avoidance arrangement under GAAR.

36. What practical benefit does an advance ruling offer in cross-border transactions?

Ans: Advance rulings offer certainty on DTAA interpretation, withholding tax, PE exposure, and income characterization, enabling taxpayers to structure cross-border transactions confidently and compliantly.

37. Who can be an Authorized Representative?

Ans: An applicant’s authorized representative should fulfil the requirements spelt out in section 515(3)(a) of the Income Tax Act, 2025. The expression “authorized representative”, in relation to the PCIT/ CIT, means a person authorized by it in writing to appear, plead and act for it in any proceedings before the BAR.

Topics

Acts Income Tax