Section 245S — the law in short
What the courts have decided on section 245S, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Columbia Sportswear Company v DIT
Supreme CourtHelps taxpayer
The Authority for Advance Rulings has ruled against me and section 245S says the ruling is binding. Is there anything I can do about it?
Yes. The Supreme Court held that the Authority for Advance Rulings is a tribunal within Articles 136 and 227, exercising judicial power, so its rulings can be challenged in the High Court under Articles 226 and 227 and, in this Court's discretion, under Article 136. Section 245S making a ruling binding on the applicant and the income tax authorities cannot oust a jurisdiction conferred by the Constitution. But the Court will ordinarily send the applicant to the High Court unless a substantial question of general importance arises. Such a writ petition should be heard directly by a Division Bench and decided as expeditiously as possible.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.
