Legal Insights on Vacancies and Defects in Advance Ruling Bodies : Clause 382 of Income Tax Bill, 2025 Vs. Section 245P of Income-tax Act, 1961

Vacancies and defects immunity preserves validity of advance rulings to prevent collateral challenges and ensure procedural continuity.

Clause 382 stipulates that no proceeding before, or pronouncement of an advance ruling by, the Board for Advance Rulings shall be questioned or invalidated merely because of any vacancy or defect in the Board's constitution. It applies to both procedural actions and final rulings, reflects the de facto validity principle, and is intended to secure continuity, legal certainty, and protection against collateral procedural challenges, while not extending to defects that negate jurisdiction or involve fraud or bias.