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CA Final · Direct Tax Laws & International Taxation · Advance Rulings

Sundaram Pharma Ltd, a resident, received an advance ruling from the Board for Advance Rulings. The Commissioner with jurisdiction disagrees with it. The Assessing Officer, on the Commissioner's directions, plans to challenge it. Which statement is correct under Rule 202 and section 389(1) as reproduced?

The challenge goes to the High Court under section 389(1). Rule 202 says the form and manner of filing are the same as the applicable procedure laid down by the jurisdictional High Court, whether the appeal is by the assessee or by the Assessing Officer on the Commissioner's directions.

  1. AThe appeal lies to the Supreme Court and Form No. 120 must be refiled
  2. BThe appeal lies to the High Court and its form and manner follow the procedure laid down by the jurisdictional High CourtCorrect
  3. CThe appeal lies to the Board itself, in a form prescribed by the Board
  4. DThe appeal lies to the Tribunal in the form used for Tribunal appeals

Explanation

Rule 202 states that an appeal to the High Court under section 389(1) against a Board ruling, by the assessee or by the Assessing Officer on the Commissioner's directions, is to be filed in the form and manner of the applicable procedure of the jurisdictional High Court. The Tribunal, Board and Supreme Court options do not follow the text.

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