AAR Application not maintainable if assessment proceedings are pending

SEPCO III Electric Power Construction Corporation, In Re- Advance Ruling Authority- On the date of filing of the present application before us relating to the rights and obligations arising out of the contract dated 10.5.2006 entered into by the applicant, in so far as it relates to the question posed in this application, was pending before the concerned assessing officer. We re- emphasise that merely because a questionnaire in general terms is served or a questionnaire raising specific issues is served as a further step towards completing the assessment, cannot lead to the position that the question sought to be raised before us is not pending before the assessing officer when the return of income is filed. We are, therefore, satisfied that the allowing of this application under section 245 R(2) of the Act for giving a ruling under section 245R(4) of the Act is barred by virtue of the proviso to section 245R (2) of the Act. The application is, therefore, rejected.

BEFORE THE AUTHORITY FOR ADVANCE RULINGS (INCOME TAX)
NEW DELHI

25^th Day of August, 2011

A.A.R. No. 1009 of 2010

PRESENT

Justice Mr. P. K.Balasubramanyan (Chairman) Mr. V.K. Shridhar (Member)

Name & addresses of the applicants                         SEPCOIII Electric Power Construction Corporation