Notification No. 38/2023 - Dated: 12-6-2023 - Manner of disposal of application for advance ruling - In case difference of opinion between the members, decision will be taken by Majority with the help of Third Member - e-advance rulings (Amendment) Scheme, 2023

Section 245R 

- The Ministry of Finance has issued a notification regarding amendments to the e-advance rulings Scheme, 2022.
- The Scheme is now called the e-advance rulings (Amendment) Scheme, 2023.
- The amendments come into effect from the date of publication in the Official Gazette.
- In paragraph 6 of the e-advance rulings Scheme, 2022, clause (iv) is replaced with new clauses.
- The Board for Advance Rulings will consider the response and provide an opportunity of being heard to the applicant through video conferencing or video telephony.
- The advance ruling on the specified question will be pronounced and sent to the applicant and the relevant authority.
- If the Members of a Board for Advance Rulings have differing opinions on any point, it will be referred to the Principal Chief Commissioner of Income-tax (International Taxation).
- The Principal Chief Commissioner will nominate one Member from another Board for Advance Rulings, and the majority opinion will prevail in deciding the point or points of disagreement.

 

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Full Text:

Notification No. 38/2023 - Dated: 12-6-2023 - Manner of disposal of application for advance ruling - In case difference of opinion between the members, decision will be taken by Majority with the help of Third Member - e-advance rulings (Amendment) Scheme, 2023

Section 245R 

Majority decision with third member nomination resolves member disagreements in advance ruling panels, enabling electronic pronouncement and communication. Amendments to the e advance rulings Scheme require the Board for Advance Rulings to consider responses, provide an opportunity of being heard by video conferencing or video telephony, pronounce the advance ruling and send it to the applicant and relevant authority. If Members differ on any point, the Principal Chief Commissioner (International Taxation) will nominate a Member from another Board and the majority opinion, including the nominated Member, will prevail in deciding the disputed point or points.