Section 245P of Income Tax Act "Vacancies, etc., not to invalidate proceedings"
245P. No proceeding before, or pronouncement of advance ruling by, the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Authority.
245Q. (1) An applicant desirous of obtaining an advance
ruling under this Chapter or under Chapter V of the Customs
Act, 1962 (52 of 1962) or under Chapter IIIA of the Central
Excise Act, 1944 (1 of 1944) or under Chapter VA of the
Finance Act, 1994 (32 of 1994) may make an application in
such form and in such manner as may be prescribed, stating
the question on which the advance ruling is sought.
(2) The application shall be made in quadruplicate and be
accompanied by a fee of ten thousand rupees or such fee as
may be prescribed in this behalf, whichever is higher.
(3) An applicant may withdraw an application within thirty
days from the date of the application.
245R. (1) On receipt of an application, the Authority
shall cause a copy thereof to be forwarded to the Principal
Commissioner or Commissioner and, if necessary, call upon
him to furnish the relevant records :
Provided that where any records have been called for by the
Authority in any case, such records shall, as soon as
possible, be returned to the Principal Commissioner or
Commissioner.
(2) The Authority may, after examining the application and
the records called for, by order, either allow or reject the
application :
Provided that the Authority shall not allow the application
where the question raised in the application,-
(i) is already pending before any income-tax authority or
Appellate Tribunal [except in the case of a resident
applicant falling in sub-clause (iii) of clause (b) of
section 245N] or any court;
(ii) involves determination of fair market value of any
property;
(iii) relates to a transaction or issue which is designed
prima facie for the avoidance of income-tax [except in the
case of a resident applicant falling in sub-clause (iii) of
clause (b) of section 245N or in the case of an applicant
falling in sub-clause (iiia) of clause (b) of section 245N]:
Provided further that no application shall be rejected under
this sub-section unless an opportunity has been given to the
applicant of being heard:
Provided also that where the application is rejected,
reasons for such rejection shall be given in the order.
(3) A copy of every order made under sub-section (2) shall
be sent to the applicant and to the Principal Commissioner
or Commissioner.
(4) Where an application is allowed under sub-section (2),
the Authority shall, after examining such further material
as may be placed before it by the applicant or obtained by
the Authority, pronounce its advance ruling on the question
specified in the application.
(5) On a request received from the applicant, the Authority
shall, before pronouncing its advance ruling, provide an
opportunity to the applicant of being heard, either in
person or through a duly authorised representative.
Explanation.-For the purposes of this sub-section, "authorised
representative" shall have the meaning assigned to it in
sub-section (2) of section 288, as if the applicant were an
assessee.
(6) The Authority shall pronounce its advance ruling in
writing within six months of the receipt of application.
(7) A copy of the advance ruling pronounced by the
Authority, duly signed by the Members and certified in the
prescribed manner shall be sent to the applicant and to the
Principal Commissioner or Commissioner, as soon as may be,
after such pronouncement.