Advance rulings and appeal to high court


Swami Ayyappa Nuli (TAX ADVISOR & CONSULTANT AT G.S.T SUVIDHA CENTER)     02 May 2019

Swami Ayyappa Nuli
TAX ADVISOR & CONSULTANT AT G.S.T SUVIDHA CENTER 
 100 likes  1353 points

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Is it possible to file an application for advance ruling and then appeal to the high court against ITAT order?.

Facts of the case: My client did an International transaction and reported the same in 92E. A.O invoked his power u/s.92C(3) and thereby increased the transfer price. I preferred appeal with CIT(Appeals) and then with ITAT. I found the same result. Now, I am assessing two options available to me. File an appeal with High court against ITAT order or file an Application for Advanced ruling. If I prefer an appeal to High court then it is not possible to file an application for Advance ruling (as it expressly prohibited u/s.245R). Instead, I file an application for Advance ruling first and wait until the application is accepted by the authority. Then I file an appeal before High court against ITAT order (Assume it involves Question of Law).

Now, my question is, If AAR pronounced the ruling in favour of A.O and High court pronounced judgement in favour of Assessee then how do deal with it?  

Not: I consider only two options even some more options available. Please answer me based on those options only. 




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