CA Final Direct Tax Laws • Module 4: International Taxation & Dispute Resolution

Chapter 23: Board for Advance Rulings (BAR) Proceedings & Orders

Exhaustive study notes on the Board for Advance Rulings (BAR) under Chapter XVIII of the Income-tax Act, 2025 (Sections 380 to 389) and the e-Advance Rulings Scheme, 2022. Covers definition and scope of advance rulings, eligible categories of non-resident and resident applicants, prescribed forms and sliding fee structure, statutory grounds of rejection, fraud and misrepresentation consequences, Civil Court powers under CPC, mistake rectification, and the statutory appellate mechanism before the High Court.

All 6 Statutory Sections (Sec 381 to 389) Mapped
Applicable for AY 2025-26 & AY 2026-27
BNSS, 2023 & BNS, 2023 Cross-References
All 6 ICAI TYK Questions with Complete Solutions
Section 380

Definitions & Scope of Advance Ruling

Statutory Scope Eligible Applicants
Objective of the Advance Rulings Mechanism

The advance rulings system under the Income-tax Act, 2025 provides tax certainty to taxpayers in advance of entering into commercial transactions, prevents costly and protracted litigation, and attracts foreign direct investment by clarifying tax consequences determinatively.

Statutory Definition of "Advance Ruling" • Section 380(a) [Sec 245N(a) of 1961 Act]

“Advance Ruling” means a determination or decision by the Board for Advance Rulings (BAR) in respect of:

Statutory Clause Subject Matter of Advance Ruling Applicant Category
Section 380(a)(i) Determination in relation to a transaction which has been undertaken or is proposed to be undertaken. Non-Resident Applicant
Section 380(a)(ii) Determination in relation to the tax liability of a non-resident arising out of a transaction undertaken or proposed to be undertaken with a non-resident. Resident Applicant dealing with a non-resident
Section 380(a)(iii) Determination in relation to the tax liability of a resident applicant arising out of an undertaken or proposed transaction, including any question of law or fact. Resident Applicant (falling within notified high-value threshold ≥ ₹100 Cr)
Section 380(a)(iv) Determination or decision in respect of an issue relating to computation of total income which is pending before any Income-tax Authority or Appellate Tribunal (ITAT). Resident Applicant (Transaction value ≥ ₹100 Crores)
Section 380(a)(v) Determination whether an arrangement, which is proposed to be undertaken, is an Impermissible Avoidance Arrangement (IAA) under Chapter XI (GAAR) or not. Any Person (Resident or Non-Resident)
Definition of "Applicant" • Section 380(b)

An “Applicant” eligible to apply to the Board for Advance Rulings includes:

  • A Non-Resident entering into transactions in India;
  • A Resident entering into transactions with a non-resident;
  • A Resident who has undertaken or proposes to undertake high-value transactions where the value of the transaction or aggregate value is ₹100 Crores or more;
  • A Resident who has an issue pending relating to computation of total income before an AO or ITAT where the value is ₹100 Crores or more;
  • Any Person (Resident or Non-Resident) proposing an arrangement under Chapter XI (GAAR); and
  • A Public Sector Company (as defined in Section 2(36A) / notified by Central Government).
Section 381

Constitution of Board for Advance Rulings (BAR)

Statutory Mandate • Section 381 of the Income-tax Act, 2025 [Sec 245-OB of 1961 Act]

The Central Government shall constitute one or more Boards for Advance Rulings (BAR), as may be necessary, for giving advance rulings under Chapter XVIII of the Income-tax Act, 2025.

Composition of Each Board

Every Board for Advance Rulings shall consist of two members, each being an officer not below the rank of Chief Commissioner of Income-tax (CCIT), as may be nominated by the CBDT.

Notified Boards (Notification No. 96/2021)

The Central Government has constituted three Boards:
• BAR – I: Headquarters in Delhi
• BAR – II: Headquarters in Delhi
• BAR – III: Headquarters in Mumbai

Paradigm Shift: AAR vs BAR

Under the pre-2021 law, the Authority for Advance Rulings (AAR) was a quasi-judicial body headed by a retired Supreme Court Judge or Chief Justice of a High Court, and its rulings were binding. Due to vacancies and non-availability of judicial members, the Board for Advance Rulings (BAR) was introduced. The BAR is manned by senior revenue officials (CCIT rank), and its rulings are appealable before the High Court under Section 389.

Section 382

Vacancies Not to Invalidate Proceedings

Statutory Immunity for Proceedings [Sec 245P]

Under Section 382, no proceeding before the Board for Advance Rulings or ruling pronounced by the Board shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Board.

Section 383

Application for Advance Ruling, Forms & Fee Schedule

Application Mechanics & Prescribed Forms

An applicant desirous of obtaining an advance ruling must make an application in quadruplicate in the prescribed form, verified in the prescribed manner:

Form No. Applicant Category & Nature of Application
Form No. 34C Application by a Non-Resident applicant in respect of transactions undertaken or proposed to be undertaken by him.
Form No. 34D Application by a Resident applicant in relation to a transaction with a non-resident.
Form No. 34DA Application by a Resident applicant having transactions of ₹100 Crores or more, or computation pending before AO/ITAT.
Form No. 34E Application by a notified Public Sector Company.
Form No. 34EA Application by a Resident or Non-Resident for determination whether an arrangement is an Impermissible Avoidance Arrangement (GAAR).
Sliding Scale Fee Structure
Category / Value of Transaction Prescribed Application Fee
Value of transaction up to ₹100 Crores ₹2,00,000 (₹2 Lakhs)
Value of transaction exceeding ₹100 Crores but up to ₹300 Crores ₹5,00,000 (₹5 Lakhs)
Value of transaction exceeding ₹300 Crores ₹10,00,000 (₹10 Lakhs)
Notified Public Sector Companies (irrespective of value) ₹10,000
Section 383(3) Withdrawal of Application & Discretion of the Board
Statutory Time Limit for Withdrawal
$$\mathbf{Statutory\ Window\ for\ Withdrawal} = \mathbf{Within\ 30\ Days}\ \text{from the date of application}$$

Under Section 383(3), an applicant may withdraw an application within 30 days from the date of the application.

Discretionary Power Beyond 30 Days

The Supreme Court and High Courts have held that the 30-day period is a matter of statutory right. However, the Board for Advance Rulings has the inherent discretion to permit withdrawal even after 30 days, provided the applicant demonstrates bona fide and sufficient reasons, and the request is made before the ruling is pronounced.

Section 384

Procedure on Receipt of Application & Rejection Grounds

Statutory Mandate • Section 384 of the Income-tax Act, 2025 [Sec 245R of 1961 Act]

Upon receipt of an application under Section 383, the Board for Advance Rulings shall forward a copy to the Principal Commissioner or Commissioner and, if considered necessary, call upon him to furnish relevant records. After examining the application and records, the Board may either ALLOW or REJECT the application.

The Three Statutory Grounds of Rejection [Section 384(2)]

The Board for Advance Rulings SHALL NOT ALLOW the application where the question raised in the application:

Ground No. Statutory Ground of Rejection Statutory Exceptions (Where NOT Rejected)
Ground [A] The question is ALREADY PENDING before any Income-tax Authority, Appellate Tribunal (ITAT), or any Court. Will NOT be rejected if:
1. The applicant is a notified Public Sector Company;
2. The applicant is a resident with pending computation of total income ≥ ₹100 Crores u/s 380(a)(iv); or
3. The question relates to a proposed GAAR arrangement u/s 380(a)(v).
Ground [B] The question involves the DETERMINATION OF FAIR MARKET VALUE of any property. No exception. Valuation disputes are excluded from advance rulings.
Ground [C] The question relates to a transaction which is DESIGNED PRIMA FACIE FOR AVOIDANCE OF INCOME-TAX. Will NOT be rejected if:
1. The applicant is a notified Public Sector Company; or
2. The application is made specifically to determine whether an arrangement is an Impermissible Avoidance Arrangement (GAAR) under Section 380(a)(v).
Mandatory Opportunity of Being Heard

No application shall be rejected under Section 384(2) unless an opportunity of being heard has been given to the applicant. The rejection order must be passed in writing stating the specific reasons for rejection.

6 Months Pronouncement Window

Under Section 384(6), where an application is allowed, the Board for Advance Rulings shall pronounce its advance ruling in writing within 6 months from the date of receipt of the application.

Section 385

Bar on Appellate Authority Proceedings

Stay of Parallel Proceedings [Sec 245RR]

Under Section 385, no Income-tax Authority or Appellate Tribunal (ITAT) shall proceed to decide any issue with respect to which an application has been made to the Board for Advance Rulings by an eligible applicant.

This statutory bar ensures exclusivity of jurisdiction and prevents conflicting parallel adjudications on the same transaction.

Section 386

Advance Ruling Void Ab Initio for Fraud or Misrepresentation

Statutory Mandate • Section 386 of the Income-tax Act, 2025 [Sec 245T of 1961 Act]

Where the Board for Advance Rulings finds, on a representation made to it by the Principal Commissioner/Commissioner or otherwise, that an advance ruling has been obtained by the applicant by fraud or misrepresentation of facts, the Board may, by order, declare such ruling to be VOID AB INITIO.

Legal Repercussions of Void Order
  • Complete Nullity: All the provisions of the Income-tax Act, 2025 shall apply to the applicant as if such advance ruling had never been made!
  • Exclusion of Period for Limitation: The entire period beginning with the date of the advance ruling and ending with the date of the order declaring it void shall be EXCLUDED in computing any period of limitation for assessment, reassessment, penalty, or recovery.
  • Copy of Order: A copy of the void order must be sent to the applicant and the jurisdictional Principal Commissioner or Commissioner.
Section 387

Powers of Civil Court under Code of Civil Procedure, 1908

Civil Court Powers Vested in the Board [Sec 245U]

Under Section 387, the Board for Advance Rulings shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (CPC) when trying a suit in respect of the following matters:

1. Discovery & Inspection

Power to order discovery, production, and inspection of documents from any party or government authority.

2. Enforcing Attendance on Oath

Enforcing the attendance of any person, including any officer of a banking company, and examining him on oath.

3. Compelling Production of Books

Compelling the production of books of accounts and other documents as provided under Section 246 of the Act.

4. Issuing Commissions

Power to issue commissions for the examination of witnesses or documents.

Criminal Procedure & Penal Code Alignments (BNSS & BNS, 2023)
  • The Board shall be deemed to be a Civil Court for the purposes of Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) [Section 195 CrPC].
  • Every proceeding before the Board shall be deemed to be a judicial proceeding within the meaning of Sections 229, 267 and 233 of the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023) [Sections 193, 228 IPC].
Section 388

Procedure of the Board & Rectification of Mistakes

Inherent Procedural Powers & Rectification [Rule 15 of e-Advance Rulings Scheme, 2022]

Under Section 388, the Board for Advance Rulings has the power to regulate its own procedure in all matters arising out of the exercise of its powers under the Act.

Rectification of Mistake Apparent from the Record

As per Rule 15 of the e-Advance Rulings Scheme, 2022:

  • The Board for Advance Rulings may, with a view to rectifying any mistake apparent from the record, amend any order passed by it.
  • Timing of Rectification: The amendment must be made before the ruling pronounced by the Board has been given effect to by the Assessing Officer.
  • Mode of Initiation: Rectification may be made suo motu by the Board or when the mistake is brought to its notice by the applicant or the Principal Commissioner / Commissioner.
  • Audi Alteram Partem: An amendment which has the effect of enhancing the tax liability or reducing the refund shall not be made without granting a reasonable opportunity of being heard.
Section 389

Appeal against Ruling of BAR to the High Court

Statutory Appellate Gateway • Section 389 of the Income-tax Act, 2025 [Sec 245W of 1961 Act]

Under Section 389, an appeal against any ruling pronounced or order passed by the Board for Advance Rulings lies directly before the High Court:

Statutory Time Limits for Filing Appeal u/s 389
$$\mathbf{Normal\ Limitation\ Period} = \mathbf{Within\ 60\ Days}\ \text{from date of communication of ruling or order}$$
+
$$\mathbf{Condonation\ Window\ (Sufficient\ Cause)} = \mathbf{Further\ period\ up\ to\ 30\ Days}\ \text{(Total 90 Days)}$$
Who Can Appeal & Applicable Procedure
1. The Applicant

The applicant who is aggrieved by any ruling or order passed by the Board for Advance Rulings may file an appeal before the High Court.

2. The Income-tax Department

The Assessing Officer, on the directions of the Principal Commissioner or Commissioner, may also appeal to the High Court against such ruling or order.

Rule 202 Procedure

Under Rule 202 of the Income-tax Rules, 2026, the form and manner of filing an appeal to the High Court under Section 389 shall be the same as provided in the applicable rules laid down by the jurisdictional High Court.

Practical Application

ICAI Test Your Knowledge (TYK Questions 1 to 6)

Examination Focus & Practical Problem Solving

The following 6 problems from the ICAI CA Final Study Material test precise understanding of procedural timelines, withdrawal discretion, civil court powers under CPC, expanded scope of advance rulings, High Court appeals, and rectification mechanisms under the e-Advance Rulings Scheme, 2022.

TYK QUESTION 1 • Q Non-Resident • Withdrawal of Application Beyond 30 Days

Facts: Q, a non-resident, made an application to the Board for Advance Rulings on 3rd April, 2026. He seeks to withdraw the application on 12th May, 2026. Can he do so? Examine with reference to statutory provisions whether:

  1. He can withdraw the application as a matter of statutory right; and
  2. The Board for Advance Rulings has the power to permit withdrawal on 12th May, 2026.

Statutory Analysis under Section 383(3):

  1. Statutory Right within 30 Days: Section 383(3) of the Income-tax Act, 2025 provides that an applicant who has sought an advance ruling may withdraw the application within 30 days from the date of the application.
  2. Evaluation of Time Window: Q made the application on 03.04.2026. The 30-day period expired on 3rd May, 2026. Therefore, on 12th May, 2026 (after 39 days), Q cannot withdraw the application as a matter of right.
  3. Discretionary Power of the Board: However, judicial precedents have settled that the 30-day limitation does not fetter the inherent powers of the Board for Advance Rulings. The Board has the discretion to permit withdrawal even after the expiry of 30 days, provided:
    • The applicant shows good, valid, and sufficient reasons for such withdrawal; and
    • The application for withdrawal is made before the advance ruling is pronounced.

Conclusion: Q cannot withdraw as of right, but the Board for Advance Rulings may permit the withdrawal in its discretion upon sufficient cause shown.

TYK QUESTION 2 • Advance Ruling Declared Void Ab Initio

Problem: Examine when can an advance ruling pronounced by the Board for Advance Rulings be declared void, and discuss the legal consequences that follow such an order.

1. Circumstances for Declaring Ruling Void under Section 386:

Under Section 386 of the Income-tax Act, 2025 [Section 245T of 1961 Act], where the Board for Advance Rulings finds, on a representation made to it by the Principal Commissioner / Commissioner of Income-tax or otherwise, that an advance ruling pronounced under Section 384(6) has been obtained by the applicant by fraud or misrepresentation of facts, the Board may, by order, declare such ruling to be VOID AB INITIO.

2. Statutory Repercussions:

  • All the provisions of the Income-tax Act, 2025 shall apply to the applicant as if such advance ruling had never been made.
  • Limitation Exclusion: The entire period beginning with the date of such advance ruling and ending with the date of the order declaring it void shall be excluded in computing any period of limitation for making an assessment, reassessment, penalty order, or recovery.
  • A certified copy of the order declaring the ruling void must be sent to the applicant and the jurisdictional Principal Commissioner or Commissioner.
TYK QUESTION 3 • Power of BAR to Compel Production of Books of Account

Problem: “The Board for Advance Rulings has the powers of compelling the production of books of account and other documents.” Examine the correctness of this statement.

The statement is CORRECT.

Statutory Powers under Section 387:

Under Section 387 of the Income-tax Act, 2025 [Section 245U of 1961 Act], the Board for Advance Rulings is vested with all the powers of a Civil Court under the Code of Civil Procedure, 1908 (CPC) when trying a suit in respect of:

  1. Discovery and inspection;
  2. Enforcing the attendance of any person, including any officer of a banking company, and examining him on oath;
  3. Compelling the production of books of account and other documents as provided under Section 246 of the Act; and
  4. Issuing commissions for the examination of witnesses.

Therefore, the Board for Advance Rulings has full statutory authority to compel the production of books of account and relevant records from any person or institution.

TYK QUESTION 4 • Scope of "Advance Ruling" under Section 380

Problem: “The term ‘Advance Ruling’ includes within its scope, a determination by the Board for Advance Rulings only in relation to a transaction which has been undertaken or is proposed to be undertaken by a non-resident.” Discuss the correctness of the statement.

The statement is NOT CORRECT. The definition of “Advance Ruling” under Section 380(a) is comprehensive and extends far beyond non-resident transactions.

Exhaustive Five-Pronged Scope under Section 380(a):

CategoryScope of Determination
1. Non-Resident Transaction Determination in relation to a transaction undertaken or proposed to be undertaken by a non-resident applicant [Section 380(a)(i)].
2. Resident with Non-Resident Determination in relation to the tax liability of a non-resident arising out of a transaction with a resident applicant [Section 380(a)(ii)].
3. Resident High-Value Transaction Determination in relation to the tax liability of a resident applicant arising out of an undertaken or proposed transaction (≥ ₹100 Crores), including any question of law or fact [Section 380(a)(iii)].
4. Pending Computation of Income Determination or decision in respect of an issue relating to computation of total income pending before an AO or ITAT (resident applicant category ≥ ₹100 Crores) [Section 380(a)(iv)].
5. GAAR Determination Determination whether an arrangement proposed to be undertaken by any person (resident or non-resident) is an Impermissible Avoidance Arrangement (IAA) under Chapter XI [Section 380(a)(v)].
TYK QUESTION 5 • Remedy Available to Aggrieved Applicant • High Court Appeal

Problem: What is the remedy available to an applicant who is aggrieved by the ruling of the Board for Advance Rulings? Explain the appellate mechanism and time limits.

Appellate Remedy under Section 389:

  1. Appeal to the High Court: An applicant aggrieved by any ruling pronounced or order passed by the Board for Advance Rulings (or the Assessing Officer on the directions of the Principal Commissioner / Commissioner) may file an appeal directly before the High Court.
  2. Limitation Period: The appeal must be presented within 60 days from the date of the communication of that ruling or order [Section 389(1)].
  3. Condonation of Delay: Under Section 389(2), where the High Court is satisfied, on an application made by the appellant, that the appellant was prevented by sufficient cause from presenting the appeal within 60 days, it may grant a further period of 30 days for filing such appeal (total permissible time = 90 days).
  4. Procedure under Rule 202: The appeal shall be filed in the form and manner laid down by the jurisdictional High Court.
TYK QUESTION 6 • Power of BAR to Rectify Its Own Rulings

Problem: Whether the Board for Advance Rulings has the power to rectify its own ruling? Explain the statutory conditions and procedural requirements.

Rectification under Rule 15 of e-Advance Rulings Scheme, 2022:

YES, the Board for Advance Rulings has the statutory power to rectify its own rulings subject to the following rules:

  • Ground of Rectification: The Board may amend any order passed by it with a view to rectifying any mistake apparent from the record.
  • Outer Time Limit: Such amendment can be made before the ruling pronounced by the Board has been given effect to by the Assessing Officer. (Once given effect to in assessment, rectification is barred).
  • Initiation: The amendment may be made suo motu by the Board or when the mistake is brought to its notice by the applicant or the Principal Commissioner / Commissioner.
  • Opportunity of Being Heard: An amendment which has the effect of enhancing the tax liability or reducing the refund shall be made only after allowing the applicant and the Principal Commissioner / Commissioner a reasonable opportunity of being heard.