Saudi Arabian Oil Company, In Re (2018) 405 ITR 83/ 303 CTR 225/ 167 DTR 185 (AAR)

S. 245N : Advance ruling – Transaction includes also proposed transaction -Maintainability of application cannot be raised at the time of hearing of application – Duty of the Authority to look in to all aspects of questions posed for its consideration , proceedings on the presumption that one part of agreement has no bearing on other is held to be not tenable [S. 245S(1), 245R ]

AAR held that , The very purpose of setting up the Authority for Advance Rulings is to give a ruling in advance to remove uncertainty in the mind of an applicant and eliminate the possibility of dispute regarding the tax issues surrounding a proposed or intended transaction, even before the transaction or a dispute occurs. When the provisions of S.245N(a)(i) of the Income tax Act, 1961 are read with S. 245S(1) it becomes clear that not only a “transaction” but also a “proposed transaction” on which ruling has been sought would get covered.Maintainability of application cannot be raised at the time of hearing of application .Duty of the Authority to look in to all aspects of questions posed for its consideration , proceedings on the presumption that one part of agreement has no bearing on other is held to be not tenable .