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[भाग II—खण् ड 3(ii)]
भारत का रािपत्र : असाधारण
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MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
(CENTRAL BOARD OF DIRECT TAXES)
(INCOME-TAX)
NOTIFICATION
New Delhi, the 18th January, 2022
S.O. 248(E).—In exercise of the powers conferred by sub-sections (9) and (10) of section 245R and sub-
sections (2) and (3) of section 245W of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes
the following Scheme, namely:__
1. Short title and commencement.―(1) This Scheme may be called the “e-advance rulings Scheme, 2022”.
(2) It shall come into force on the date of its publication in the Official Gazette.
2. Definitions.― (1) In this Scheme, unless the context otherwise requires,―
(i)
“Act” means the Income-tax Act, 1961 (43 of 1961);
(ii)
“addressee” shall have the same meaning as assigned to it in clause (b) of sub-section (1) of section 2
of the Information Technology Act, 2000 (21 of 2000);
(iii)
“advance ruling” shall have the same meaning as assigned to it in clause (a) of section 245N of the
Act;
(iv)
“applicant” means the assessee who had filed an application under section 245Q of the Act;
(v)
“authorised representative” shall have the same meaning as assigned to it in sub-section (2) of section
288 of the Act;
(vi)
“automated allocation system” means an algorithm for randomised allocation of cases, by using
suitable technological tools, including artificial intelligence and machine learning, with a view to
eliminate discretion and optimise the use of resources;
(vii)
“Board For Advanced Rulings” means the Board for Advance Rulings constituted under section 245-
OB of the Act;
(viii)
“computer resource” shall have the same meaning as assigned to it in clause (k) of sub-section (1) of
section 2 of the Information Technology Act, 2000 (21 of 2000);
(ix)
“computer system” shall have the same meaning as assigned to it in clause (l) of sub-section (1) of
section 2 of the Information Technology Act, 2000 (21 of 2000);
(x)
“designated portal” means the web portal designated as such by the Principal Director General of
Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be;
(xi)
“digital signature” shall have the same meaning as assigned to it in clause (p) of sub-section (1) of
section 2 of the Information Technology Act, 2000 (21 of 2000);
(xii)
“electronic mode” means any communication by way of an e-mail, video-telephony or video
conferencing or any other electronic media;
(xiii)
“electronic record” shall have the same meaning as assigned to it in clause (t) of sub-section (1) of
section 2 of the Information Technology Act, 2000 (21 of 2000);
(xiv)
“email” or “electronic mail” and “electronic mail message” means a message or information created
or transmitted or received on a computer, computer system, computer resource or communication
device including attachments in text, image, audio, video and any other electronic record, which may
be transmitted with the message;
(xv)
“Joint Secretary (Foreign Tax and Tax Research)” shall mean a person appointed by the Central
Government as the Joint Secretary, Foreign Tax and Tax Research in the Department of Revenue,
Ministry of Finance;
(xvi)
“Principal Commissioner or Commissioner”, in respect of an application, means-
(i) the Principal Commissioner or Commissioner of Income-tax, specified in the application; or
(ii) the Principal Commissioner or Commissioner of Income-tax designated by the Board in respect of
the application;
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[PART II—SEC. 3(ii)]
(xvii)
“registered e-mail address” means the e-mail address at which an electronic communication may be
delivered or transmitted to the addressee, including-
(a) the e- mail address available in the electronic filing account of the addressee registered in the
designated portal; or
(b) the e-mail address available in the last income-tax return furnished by the addressee; or
(c)the e-mail address available in the permanent account number database relating to the
addressee; or
(d) in the case of addressee being an individual who possesses the Aadhaar number, the e-mail
address of addressee available in the database of Unique Identification Authority of India; or
(e)in the case of addressee being a company, the e-mail address of the company as available on
the official website of Ministry of Corporate Affairs; or
(f) any e-mail address made available by the addressee to the income-tax authority or any person
authorised by such authority;
(xviii)
“Rules” means the Income-tax Rules,1962;
(xix)
“Secretary” shall mean a Commissioner appointed by Central Board of Direct Taxes as Secretary of
Board for Advance Rulings;
(xx)
“video conferencing or video telephony” means the technological solutions for the reception and
transmission of audio-video signals by users at different locations, for communication between people
in real-time.
(2) Words and expressions used herein and not defined, but defined in the Act, shall have the meaning
respectively assigned to them in the Act.
3. Scope of the Scheme.― This Scheme shall be applicable to applications of advance rulings,–
(a) made to the Board for Advance Rulings under sub-section (1) of section 245Q of the Act; or
(b) transferred to Board for Advance Rulings under sub-section (4) of section 245Q of the Act.
4. E-advance rulings by Board for Advance Rulings.– (1) The Board for Advance Rulings shall pronounce e-
advance rulings of applications allocated or transferred to it under paragraph 5, in accordance with the provisions of
this Scheme;
(2) The Board for Advance Rulings shall have such other income-tax Authority, ministerial staff, executive or
consultant to assist the members of the Board for Advance Rulings, as considered necessary by the Central Board of
Direct Taxes.
5. Allocation of applications for advance ruling.- The Principal Director General of Income-tax (Systems) or the
Director General of Income tax (Systems), as the case may be, shall, with the approval of the Central Board of Direct
Taxes, devise a process to randomly allocate or transfer the applications for advance ruling, referred to in paragraph 3,
to the Board for Advance Rulings through an automated allocation system.
6. Procedure for giving advance ruling.― The procedure for giving advance ruling on applications allotted or
transferred to a Board for Advance Rulings, referred to in paragraph 5, shall be as per the following, namely:-
A. Procedure for filing applications.-
(i)
an application, referred to in clause (a) of paragraph 3, shall be made, in Form Nos, 34C,
34D,34DA,34E,34EA mentioned in under Rule 44E of the Rules, by the applicant, to the Secretary or
any other officer authorised in writing by the Secretary of Board for Advance Rulings, by electronic
mail;
(ii)
if the applicant is not hitherto assessed in India, he shall indicate in Annexure I as provided in the
relevant Forms to the application:
(a) his head office in any country,
(b) the place where his office and residence is located or is likely to be located in India, and
(c) the name and address of his representatives in India, if any, authorised to receive notices and papers
and act on his behalf;
(iii)
the Secretary may send the application back to the applicant if it is defective in any manner for removing
the defects within such time as he may allow. Such application shall be deemed to have been made on
the date when it is re-submitted after removing the defects;
[भाग II—खण् ड 3(ii)]
भारत का रािपत्र : असाधारण
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(iv)
an applicant may withdraw an application within thirty days from the date of the application.
B. Procedure on receipt of application.-
(i)
the Board for Advance Rulings shall intimate the applicant about the allocation or transfer, as the case
may be;
(ii)
where an application, referred to in clause (b) of paragraph 3, has been allowed by means of an order of
the Authority for Advance Rulings under sub-section (2) of section 245R of the Act, on or prior to the
date on which such case is transferred to the Board for Advance Rulings, such application shall be
deemed to have been allowed by the Board for Advance Rulings;
(iii)
upon allocation or transfer, as the case may be, of an application, other than the application referred to in
sub-clause (ii), the Board for Advance Rulings shall,-
(a) where the applicant is assessed to tax in India, forward a copy of the application to the Principal
Commissioner or Commissioner, as the case may be; or
(b) where the applicant is hitherto not assessed to tax in India, forward a copy of the application to Joint
Secretary (Foreign Tax and Tax Research),
along with a requisition to furnish the relevant records within such time as allowed by the Board for
Advance Rulings;
(iv)
upon receipt of the requisition, as referred to in item (b) of sub-clause (iii), the Joint Secretary (Foreign
Tax and Tax Research) shall assign such application to the Principal Chief Commissioner of Income-tax
(International Taxation) or Chief Commissioner of Income-tax (International Taxation), as the case may
be, connected to the details mentioned in items (b) or (c) of sub -clause (ii) of clause A, requesting him
to furnish the relevant records, within such time as may be specified by Board for Advance Rulings;
(v)
upon receipt of request, as referred to in item (a) of sub-clause (iii), or in sub-clause (iv), the relevant
records shall be furnished to the Board for Advance Rulings by the authority to whom the reference has
been made;
(vi)
where the request is in respect of a transaction already undertaken, the Board for Advance Rulings may
require the authority to whom the reference has been made to verify the facts contained in the
application;
(vii)
where the authority to whom the reference has been made fails to furnish relevant records, as referred to
in item (a) of sub -clause (iii) or sub-clause (iv), the Board for Advance Rulings may proceed to allow
or reject the application, by order, without waiting for the said records;
(viii)
where the relevant records, as referred to in item (a) of sub-clause (iii) or sub-clause (iv), have been
submitted by the authority to whom the reference has been made, the Board for Advance Rulings, after
examination of the application and the said records, in accordance with the provisions of sub-section (2)
of section 245R of the Act, may-
(a) by an order allow the application; or
(b) call upon the applicant to explain as to why the application may not be rejected and direct him to
submit any relevant material or information in support of such application within such time as
allowed by the Board for Advance Rulings;
(ix)
in case of an explanation, referred to in item (b) of sub -clause (viii), has been called from the applicant,
he may also request the Board for Advance Rulings to provide him a hearing which may be provided
through video conference or video telephony;
(x)
where the applicant fails to furnish explanation, referred to in item (b) of sub-clause (viii), within such
time or extended time, as may be allowed by the Board for Advance Rulings, it may proceed to pass the
order under the provisions of sub-section (2) of section 245R of the Act, without waiting for the said
explanation;
(xi)
where the applicant furnishes the explanation, referred to in item (b) of sub-clause (viii), the Board for
Advance Rulings may, by an order under sub-section (2) of section 245R of the Act, allow or reject the
application, providing reasons for rejection in case the application is rejected;
(xii)
The Board for Advance Rulings shall send a copy of the order referred to in sub -clause (vii) or item (a)
of sub-clause (viii) or sub-clause (x) or sub-clause (xi), as the case may be, to the applicant and the
Principal Commissioner or Commissioner, as the case may be.
C. Order for advance ruling.-
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[PART II—SEC. 3(ii)]
(i)
where an application for advance rulings has been allowed by an order, as referred to in sub-clause (vii)
or item (a) of sub-clause (viii) or sub-clause (x) or sub-clause (xi) of clause B, the Board for Advance
Rulings may send a notice to the applicant and the authority to whom the reference has been made, to
submit such further material, information or evidence, as may be relevant to the proceedings, within such
time or extended time, as may be allowed by the Board for Advance Rulings;
(ii)
the applicant or the authority to whom the reference has been made may, after the application has been
allowed, suomotu submit any further material, information or evidence, as may be relevant to such
proceedings, to the Board for Advance Rulings;
(iii)
the applicant or the authority to whom the reference has been made, shall respond to the notice, as
referred to in clause (i), within the specified time or such time as may be extended by the Board for
Advance Rulings, on the basis of a request made in this behalf;
(iv)
the Board for Advance Rulings shall, after considering the response, as referred to in clause (iii), and
after providing an opportunity of being heard (through video conferencing or video telephony) under
sub-section (5) of section 245R of the Act on the request of the applicant pronounce the advance ruling
on the question specified in the application and send a copy thereof to the applicant and the authority to
whom the reference has been made.
7. Submission of additional facts before the Board for Advance Rulings.––(1) The Board for Advance Rulings
may at its discretion permit or require the applicant to submit such additional facts as may be necessary to enable it to
pronounce its advance ruling.
(2) Where in the course of the proceedings before the Board for Advance Rulings, a fact is alleged which cannot be
borne out by, or is contrary to, the record, it shall be stated clearly and concisely and supported by a duly sworn
affidavit.
8. Questions contained in the application.–– The applicant shall not, except by leave of the Board for Advance
Rulings, urge or be heard in support of any additional question not set forth in the application, but in deciding the
application the Board for Advance Rulings shall, at its discretion, consider all aspects of the questions set forth as may
be necessary to pronounce a ruling on the substance of the questions posed for its consideration.
9. Verification of additional facts.― Where in the course of any proceedings before the Board for Advance Rulings
any fact not contained in the application for advance ruling (including the annexure and the statements and other
documents accompanying such annexure), referred to in paragraph 3, are sought to be relied upon, they shall be
submitted to the Board for Advance Rulings in writing and shall be verified in the same manner as provided for in
such application.
10. Powers of the Board for Advance Rulings.–– (1) The Board for Advance Rulings shall, for the purpose of
exercising its powers, have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) as are
referred to in section 131 of the Act.
(2) The Board for Advance Rulings shall be deemed to be a civil court for the purposes of section 195, but not for the
purposes of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974) and every proceeding before the
Board for Advance Rulings shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228,
and for the purpose of section 196, of the Indian Penal Code (45 of 1860).
(3) If any difficulty arises in giving effect to any order of the Board for Advance Rulings, it may, on its own motion or
on an application made by the applicant or the Principal Commissioner of Income-tax or the Commissioner of
Income-tax, as the case may be, remove the difficulty in so far as it is not inconsistent with the provisions of the Act.
11. Powers and functions of the Secretary.––(1) The Secretary shall have the custody of the records or e-records of
the Board for Advance Rulings and shall exercise such other functions as are assigned to him under this Scheme or by
the Board for Advance Rulings by separate order.
(2) The official seal of the Board for Advance Rulings shall be kept in custody of the Secretary.
(3) The Secretary shall also have the following powers and duties, namely:—
(i)
to receive all applications filed before the Board for Advance Rulings ;
(ii)
to scrutinise the applications to find out whether they are in conformity with the Act, the rules and the
procedure;
(iii)
to point out defects in such application to the parties and require them to remove the defects by affording
them a reasonable opportunity to do so and, where, within the time granted, the defects are not removed,
to obtain necessary orders of the Board for Advance Rulings ;
[भाग II—खण् ड 3(ii)]
भारत का रािपत्र : असाधारण
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(iv)
to fix the date of hearing for the applications in consultation with the members of the Board for Advance
Rulings and direct the issue of notices therefor;
(v)
to issue the service of notices or other processes and to ensure that the parties are properly served;
(vi)
to requisition records from the custody of any person including a Commissioner of Income-tax or any
other authority;
(vii)
to allow inspection of records of the Board for Advance Rulings ;
(viii)
to direct any formal amendment of the records of the Board for Advance Rulings ;
(ix)
to grant certified copies of the orders of the Board for Advance Rulings to the parties;
(x)
to grant certified copies of documents filed in the proceedings to the parties in accordance with the rules;
(xi)
to bring on record legal representatives, in case of death or retirement of any party to the proceedings and
to make such appropriate amendments in the cause title as may become necessary in the other situations;
and
(xii)
to discharge any other function as may be assigned by the Board for Advance Rulings by special or
general order.
12. Authorisation to be filed.–– An authorised representative appearing for the applicant at the hearing shall file,
before the commencement of the hearing, a document authorising him to appear for the applicant and if he is a relative
of the applicant, the document shall state the nature of his relationship with the applicant, or if he is a person regularly
employed by the applicant the capacity in which he is at the time employed.
13. Authentication of electronic record.― For the purposes of this Scheme, an electronic record shall be
authenticated by the––
(a) Board for Advance Rulings , the Principal Commissioner of Income-tax or the Commissioner of Income-tax, as
the case may be, by affixing its digital signature;
(b) applicant or his authorised representative, by affixing his digital signature if he is required under the Rules to
furnish his return of income under digital signature, and in any other case, by communicating through his registered e-
mail address.
14. No personal appearance before the Board for Advance Rulings .― (1) The applicant shall not be required to
appear either personally or through authorised representative in connection with any proceedings under this Scheme
before the Board for Advance Rulings or before the Secretary, ministerial staff, executive or consultant posted with
the Board for Advance Rulings .
(2) The Principal Director General of Income Tax (Systems) or Director General of Income Tax (Systems), as the case
may be, shall establish suitable facilities for video conferencing including telecommunication application software
which supports video telephony at such locations as may be necessary, so as to ensure that the applicant, or his
authorised representative, is not denied the benefit of this Scheme merely on the ground that such applicant or his
authorised representative, or any other person does not have access to video conferencing at his end.
15. Rectification of mistakes.––(1) The Board for Advance Rulings may, with a view to rectifying any mistake
apparent from the record, amend any order passed by it before the ruling pronounced by the Board for Advance
Rulings has been given effect to by the Assessing Officer.
(2) Such amendment may be made suo motu or when the mistake is brought to its notice by the applicant or the
Principal Commissioner of Income-tax or Commissioner of Income-tax, as the case may be, but only after allowing
the applicant and the Principal Commissioner of Income-tax or Commissioner of Income-tax, as the case may be,
reasonable opportunity of being heard.
16. Appellate Proceedings.–– (1) An appeal against an order for advance ruling passed by the Board for Advance
Rulings under this Scheme shall lie before the High Court.
(2) The Assessing Officer, having jurisdiction over the applicant, on the directions of the Principal Commissioner or
Commissioner, may file an appeal to the High Court against an order of Board for Advance Rulings. .
17. Proceedings not open to the public.― The proceedings before the Board for Advance Rulings shall not be open
to the public and no person (other than the applicant, his employee, the concerned officers of the Board for Advance
Rulings or the Income-tax authority or the authorised representatives) shall, without the permission of the Board for
Advance Rulings , remain present during such proceedings, even on video conferencing or video telephony.
18. Communication on behalf of the Board for Advance Rulings .― (1) The opportunity for hearing through video
conferencing or video telephony shall be facilitated by any income-tax authority as authorised by the Board for
Advance Rulings, who will provide the link and password to the applicant and concerned parties in advance.
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[PART II—SEC. 3(ii)]
(2) All communication of the Board for Advance Rulings inward and outward shall be carried out by any income-tax
authority as authorised by the Board for Advance Rulings .
19. Communication exclusively by electronic mode.― (1) For the purposes of this Scheme,-
(a) all communications between the Board for Advance Rulings and the applicant, or his authorised
representative, shall be exchanged by electronic mode;
(b) all communications between the Board for Advance Rulings and the Principal Commissioner of Income-tax
or the Commissioner of Income-tax, as the case may be, shall be exchanged by electronic mode:
Provided that any application received in a mode other than electronic mode by the Board for Advance
Rulings may be forwarded to the Principal Commissioner of Income-tax or the Commissioner of Income-tax,
as the case may be, electronically, to the extent technologically feasible;
(c) every notice or order or any other electronic communication under this Scheme from the Board for Advance
Rulings shall be delivered to the addressee, being the applicant by sending an e-mail to the registered email
address of the applicant or his authorised representative;
(d) the applicant or the authorised representative shall file his response to any notice or order or any other
electronic communication, under this Scheme, to the Board for Advance Rulings through his registered e-
mail address;
(e) the Principal Commissioner of Income-tax or the Commissioner of Income-tax, as the case may be, shall file
his response to any notice or order or any other electronic communication, under this Scheme, to the Board
for Advance Rulings through official electronic mail facility.
20. Language of the Board for Advance Rulings.––(1) The language of the Board for Advance Rulings shall be in
Hindi or English, at the option of the applicant.
(2) Where any document is in a language other than English or Hindi, an English translation thereof should also be
filed along therewith.
(3) The ruling, and other orders passed by the Board for Advance Rulings may, at the discretion of the Board for
Advance Rulings , be in Hindi or English.
21. Publication of orders.–– The Board for Advance Rulings, if deems fit its order to be published in any
authoritative report or the press, may be sent for publication with such conditions as the Board for Advance Rulings
specify.
22. Application of the provisions of Chapter XIX-B of the Act.–– Save as otherwise provided herein above, all
other provisions of the Chapter XIX-B of the Act shall apply.
23. Power to specify format, mode, procedure and processes.–– The Principal Chief Commissioner of Income-tax
(International Taxation) shall, wherever required, in consultation with Principal Director General of Income Tax
(Systems) or Director General of Income Tax (Systems), as the case may be, with the approval of Board, lay down the
standards, procedures and processes for effective functioning of the conduct of e-advance rulings proceedings under
this Scheme, including format, mode, procedure and processes in respect of the following, namely:__
(i)
service of the notice, order or any other communication;
(ii)
receipt of any information or documents from the person in response to the notice, order or any
other communication;
(iii)
issue of acknowledgment of the response furnished by the person;
(iv)
provision of “e-advance rulings” facility including login account facility, tracking status of e-
advance rulings proceedings, display of relevant details, and facility of download;
(v)
accessing, verification and authentication of information and response including documents
submitted during the e-advance rulings proceedings;
(vi)
receipt, storage and retrieval of information or documents in a centralised manner; and
(vii)
general administration and grievance redressal mechanism in the respective Boards for advance
ruling.
[Notification No. 07/2022/ F.No.370142/62/2021-TPL(Part-I)]
SHEFALI SINGH, Under Secy., Tax Policy & Legislation
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
