Section 245N:
Definitions.
1In this Chapter, unless the context otherwise requires,—
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(a) “advance ruling” means—
(i) a determination by the Authority in relation to a transaction which has been undertaken or
is proposed to be undertaken by a non-resident applicant; or
(ii) a determination by the Authority in relation to the 3
tax liability of a non-resident arising
out of a transaction which has been undertaken or is proposed to be undertaken by a resident
applicant with 4
such non-resident; 5
or
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(iia) a determination by the Authority in relation to the tax liability of a resident applicant,
arising out of a transaction which has been undertaken or is proposed to be undertaken by such
applicant,
and such determination shall include the determination of any question of law or of fact specified in
the application;
(iii) a determination or decision by the Authority in respect of an issue relating to
computation of total income which is pending before any income-tax authority or the Appellate
Tribunal and such determination or decision shall include the determination or decision of any
question of law or of fact relating to such computation of total income specified in the
application;
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(iv) a determination or decision by the Authority whether an arrangement, which is
proposed to be undertaken by any person being a resident or a non-resident, is an impermissible
avoidance arrangement as referred to in Chapter X-A or not:
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Provided that where an advance ruling has been pronounced, before the date on which the
Finance Act, 2003 receives the assent of the President, by the Authority in respect of an
application by a resident applicant referred to in sub-clause (ii) of this clause as it stood
immediately before such date, such ruling shall be binding on the persons specified in section
245S;
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(b) “applicant” means—
(A) any person who—
(I) is a non-resident referred to in sub-clause (i)of clause(a);or
(II) is a resident referred to in sub-clause(ii)of clause(a); or
(III) is a resident referred to in sub-clause (iia) of clause (a) falling within any such
class or category of persons as the Central Government may, by notification in the Official
Gazette, specify; or
(IV) is a resident falling within any such class or category of persons as the Central
Government may, by notification in the Official Gazette, specify in this behalf; or
(V) is referred to in sub-clause (iv) of clause (a),
and makes an application under sub-section (1) of section 245Q;
(B) an applicant as defined in clause (c) of section 28E of the Customs Act, 1962 (52 of
1962);
(C) an applicant as defined in clause (c) of section 23A of the Central Excise Act, 1944 (1
of 1944);
(D) an applicant as defined in clause (b) of section 96A of the Finance
Act, 1994 (32 of 1994);
(c) “application” means an application made to the Authority under sub-section (1) of
section 245Q;
(d) “Authority” means the Authority for Advance Rulings constituted under section 245-O;
(e) “Chairman” means the Chairman of the Authority;
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(f) “Member” means a Member of the Authority and includes the Chairman and
Vice-chairman;
(g) “Vice-chairman” means the Vice-chairman of the Authority.
Notes:
1. Chapter XIX-B, consisting of sections 245N to 245V, inserted by Act 38 of 1993, s. 31 (w.e.f. 1-6-1993).
2. Subs. by Act 10 of 2000, s. 63, for clauses (a) and (b) (w.e.f. 1-6-2000).
3. Ins. by Act 32 of 2003, s. 92 (w.e.f. 1-6-2000).
4. Subs. by s. 92, ibid., for “a non-resident” (1-6-2000).
5. Ins. by Act 25 of 2014, s. 66 (w.e.f. 1-10-2014).
6. Ins. by Act 17 of 2013, s. 53 (w.e.f. 1-4-2015).
7. Ins. by Act 32 of 2003, s. 92 (w.e.f. 14-5-2003).
8. Subs. by Act 7 of 2017, s. 80 (w.e.f. 1-4-2017).
9. Subs. by Act 25 of 2014, s. 66, for clause (f) (w.e.f. 1-10-2014).