Section 380 — 2.—Advance rulings Interpretation
For the purposes of this Chapter,—
( a) “advance ruling” means—
( i) a determination by the Board for Advance Rulings in relation to
a transaction which has been undertaken or is proposed to be
undertaken by a non-resident applicant; or
80. Substituted for “waive any penalty imposable” by the Finance Act, 2026, w.e.f. 1-4-2026.
( ii) a determination by the Board for Advance Rulings in relation to
the 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 such non-resident; or
( iii) a determination by the Board for Advance Rulings 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; or
( iv) a determination or decision by the Board for Advance Rulings 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 determina -
tion or decision of any question of law or of fact relating to such
computation of total income specified in the application; or
( v) a determination or decision by the Board for Advance Rulings
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 XI or not;
( b) “applicant” means any person who—
( i) is a non-resident referred to in clause (a)(i); or
( ii) is a resident referred to in clause (a)(ii); or
( iii) is a resident referred to in clause ( a)(iii) falling within any such
class or category of persons as the Central Government may, by
notification, specify; or
( iv) is a resident falling within any such class or category of persons as
the Central Government may, by notification, specify in this behalf;
or
( v) is referred to in clause (a)(v),
and makes an application under section 383(1);
( c) “application” means an application made to the Board for Advance Rul-
ings under section 383(1);
( d) “Board for Advance Rulings” means the Board for Advance Rulings
constituted by the Central Government under section 381;
( e) “Member” means a Member of the Board for Advance Rulings.
Related sections
- Section 356 — Appealable orders before Joint Commissioner (Appeals)
- Section 357 — Appealable orders before Commissioner (Appeals)
- Section 358 — Form of appeal and limitation
- Section 359 — Procedure in appeal
- Section 360 — Powers of Joint Commissioner (Appeals) or Commissioner (Appeals)
- Section 361 — Appellate Tribunal
- Section 362 — Appeals to Appellate Tribunal
- Section 363 — Orders of Appellate Tribunal
- Section 364 — Procedure of Appellate Tribunal
- Section 365 — Appeal to High Court
- Section 366 — Case before High Court to be heard by not less than two Judges
- Section 367 — Appeal to Supreme Court
- Section 368 — Hearing before Supreme Court
- Section 369 — Tax to be paid irrespective of appeal, etc
- Section 370 — Execution for costs awarded by Supreme Court
- Section 371 — Amendment of assessment on appeal
- Section 372 — Exclusion of time taken for copy
- Section 373 — Filing of appeal by income-tax authority
- Section 374 — Interpretation of “High Court”
- Section 375 — Procedure when assessee claims identical question of law is pending before High Court or Supreme Court
- Section 376 — Procedure where an identical question of law is pending before High Courts or Supreme Court
- Section 377 — Commissioner or Principal Commissioner or Commissioner Revision of orders prejudicial to revenue
- Section 378 — Revision of other orders
- Section 379 — 1.—Dispute Resolution Committee in certain cases Dispute Resolution Committee
- Section 381 — Board for Advance Rulings
- Section 382 — Vacancies, etc., not to invalidate proceedings
- Section 383 — Application for advance ruling
- Section 384 — Procedure on receipt of application
- Section 385 — Appellate authority not to proceed in certain cases
- Section 386 — Advance ruling to be void in certain circumstances
- Section 387 — Powers of the Board for Advance Rulings
- Section 388 — Procedure of Board for Advance Rulings
- Section 389 — Appeal