Department has raised the objection regarding the maintainability of the application filed by assessee taking a view that question raised involved valuation and determination of fair market value of property and hence application was barred under clause (ii) of proviso to section 245R(2). AAR held that application for advance ruling could not be rejected merely because it involved computation of capital gains as computation of capital gains is embedded in concept of valuation and question pertained to legal admissibility of transaction and not of any valuation
Worldwide Wickets In, re (2018) 254 Taxman 222/ 166 DTR 326/ 303 CTR 107 (AAR)
S. 245R : Advance rulings – Capital gains- Application for advance ruling could not be rejected merely because it involved computation of capital gains as computation of capital gains is embedded in concept of valuation and question pertained to legal admissibility of transaction and not of any valuation -DTAA-India – Mauritius [ Art 13(4) ]