CA Job
179 Points
Joined July 2015
Hi Kritika
I am not quite sure about your question on Advance Ruling. But still I presume the question can be the following:
1) Whether Settlement Commission can be approached for a question pending with AAR?
There is no such situation practically. The reason is the concept of Advance Ruling is introduced to have the consensus between the assessee and the revenue authorities even before a transaction is proposed to be undertaken. However, Settlement Commission is altogether a different concept whereby an assessee have an one time option to confess fully and truely the income which has not been disclosed earlier before the Assessing Officer. So Settlement Commission is essentially a case where income has accrued / arised to the assessee but the same is not disclosed whereas AAR is a case where a binding rule is obtained regarding the treatment of income even before its accrual.
2) Whether AAR (Authority of Advance Ruling) can be approached for a case pending with CIT(A) or ITAT
This is another possible question of yours which I could think of based on the first question and which I am right it should be. The answer lies in Sec 245R of the Income Tax Act, which states that AAR shall not allow an application where the question raised in the application is already pending with any Income Tax Authority, ITAT or any court. The exception to this rule is where a application is made by the Notified Resident Applicant (At present the Notified Resident Applicant comprises only Public Sector companies). Hence only a public sector company can make an application to AAR even if the question raised is already pending with Appellate authorities or Court.
Thanks and Best Regards
K Sathish