India - Income Tax Act 2010 - Saarc

1.847 CH. XX - APPEALS AND REVISION - APPEALS S. 246(b) in respect of the transaction in relation to which the ruling had beensought; and(c) on the Commissioner, and the income-tax authorities subordinate tohim, in respect of the applicant and the said transaction.(2) The advance ruling referred to in sub-section (1) shall be binding as aforesaidunless there is a change in law or facts on the basis of which the advance rulinghas been pronounced.Advance ruling to be void in certain circumstances.245T. (1) Where the Authority finds, on a representation made to it by theCommissioner or otherwise, that an advance ruling pronounced by itunder sub-section (6) of section 245R has been obtained by the applicant by fraudor misrepresentation of facts, it may, by order, declare such ruling to be void abinitio and thereupon all the provisions of this Act shall apply (after excluding theperiod beginning with the date of such advance ruling and ending with the dateof order under this sub-section) to the applicant as if such advance ruling hadnever been made.(2) A copy of the order made under sub-section (1) shall be sent to the applicantand the Commissioner.Powers of the Authority.245U. (1) The Authority shall, for the purpose of exercising its powers, have allthe powers of a civil court under the Code of Civil Procedure, 1908 (5 of1908) as are referred to in section 131 of this Act.(2) The Authority shall be deemed to be a civil court for the purposes of section195, but not for the purposes of Chapter XXVI, of the Code of CriminalProcedure, 1973 (2 of 1974) and every proceeding before the Authority shall bedeemed to be a judicial proceeding within the meaning of sections 193 and 228,and for the purpose of section 196, of the Indian Penal Code (45 of 1860).Procedure of Authority.245V. The Authority shall, subject to the provisions of this Chapter, have powerto regulate 28 its own procedure in all matters arising out of the exercise ofits powers under this Act.]Appealable orders.CHAPTER XXAPPEALS AND REVISION29[A.—Appeals 30 [***] to the Deputy Commissioner (Appeals)and Commissioner (Appeals)246. (1) Subject to the provisions of sub-section (2), any assessee aggrieved byany of the following orders of an Assessing Officer (other than the Deputy28. See Authority for Advance Rulings (Procedure) Rules, 1996.29. Substituted for the sub-heading and section 246 by the Direct Tax Laws (Amendment) Act,1987, w.e.f. 1-4-1989. Prior to its substitution, sub-heading along with section 246 were(Contd. on p. 1.848)