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Authority
for Advance Rulings (AAR)
The
Central Government has constituted an Authority for
giving advance rulings, to be known as "Authority
for Advance Rulings". The office of the Authority
is located in Delhi.
Application
for Advance Rulings
An
applicant desirous of obtaining an advance ruling may
make an application as under
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An
application for obtaining an advance ruling under
section 245Q (1) of the Income Tax Act, 1961 shall
be made in quadruplicate
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in
Form No. 34-C in respect of a non-resident applicant;
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in
Form No. 34D in respect of a person seeking
advance ruling in relation to the tax liability
of a non-resident arising out of transaction
undertaken or proposed to be undertaken by him
with a non-resident; and
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in
Form No. 34E in respect of a resident falling
within any such class or category of person
as notified by Central Government, and shall
be verified in the manner indicated therein.
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The
application should state the question on which the
advance rulings is sought.
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An
applicant may withdraw an application within 30
days from the date of the application.
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The
application should be accompanied by a fee of Rs.
2500 in the form of a demand draft in favour of
Authority for Advance Ruling.
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The
application, its verification, the annexures to
the said application and the statements and documents
accompanying it, shall be signed by a person mentioned
in rule 44E. Where the authorised representative
signs the application and the other documents, the
application shall be accompanied by a power of attorney
authorising him to append his signature and an affidavit
setting out the unavoidable reason which entitles
him to sign it.
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The
application should be addressed to Secretary of
the Authority and can be submitted either in person
or by an authorised representative or by registered
post
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If
the applicant is not hitherto assessed in India,
he shall indicate in the application:
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his
head office in any other country.
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the
place where his office and residence is located
or is likely to be located in India; and
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the
name and address of his representative in India,
if any authorised to receive notices and papers
and act on his behalf
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If
the application is found to be defective, the Secretary
may send the application back to the applicant for
removing the defect within such time as he may allow.
Such application shall be deemed to have been made
on the date when it is represented after correction.
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