Rule 131 — Procedure before Approving Panel.
Sub-rule (1) tells the Chairperson of the Approving Panel what to do on receipt of a reference under rule 129. He shall cause the reference to be circulated among the other members within seven days from the date of receipt, and shall cause a notice to be issued to both the Assessing Officer and the assessee affording a reasonable opportunity of being heard, specifying the date and place of hearing. Sub-rule (2) provides that the meetings of the Approving Panel shall take place at such place as the Panel may decide.
A reference to the Approving Panel carries serious consequences for the assessee, so the rule fixes the two things that make the proceeding fair and workable: that every member sees the reference quickly, and that both sides are heard on notice. Beyond that it leaves the Panel to arrange its own sittings.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Time for circulating the reference among the other members | Within seven days from the date of receipt of the reference | Reference received under rule 129 | Rule 131(1)(a) |
The hearing right is on both sides: sub-rule (1)(b) requires the notice to go to the Assessing Officer as well as the assessee, and it must specify the date and place, so a hearing arranged without that notice is not what the rule contemplates. The seven-day period runs on the Chairperson's internal circulation, not on the notice to the parties, and the rule attaches no consequence to its being exceeded. Where the Panel sits is left open by sub-rule (2), and is for the Panel itself to decide.
An assessee meets it as the notice of hearing from the Approving Panel that follows a reference made by the Assessing Officer under rule 129.
the reference to be circulated among the other members within seven days from the date of receipt of such reference
a notice to be issued to both the Assessing Officer and the assessee, affording a reasonable opportunity of being heard, specifying therein the date and place of hearing