CA Final Paper 4 • Module 4: International Taxation

Chapter 23: Board for Advance Rulings (BAR) Proceedings

⚡ Fast-Track High-Yield Revision Income-tax Act, 2025 & FA 2026 Ready
⚡ Fast-Track Quick Notes 📖 Full In-Depth Notes (Theory + TYKs)

1. Evolution from AAR to BAR (Sections 245N to 245W)

The Authority for Advance Rulings (AAR) was replaced by the Board for Advance Rulings (BAR) consisting of two members not below the rank of Chief Commissioner of Income-tax:

Parameter Erstwhile AAR Board for Advance Rulings (BAR)
CompositionChaired by retired Supreme Court / High Court judge.Two IRS officers (Chief Commissioners).
Binding EffectBinding on applicant and Department on that transaction.Not binding; appealable by either party!
Right of AppealNo statutory appeal (only Article 226/136 writ).Statutory appeal to High Court within 60 days.

2. Eligible Applicants & Prescribed Forms

Applicant Category Prescribed Form Transaction Scope
Non-Resident Form 34C Any transaction undertaken or proposed to be undertaken in India.
Resident with Non-Resident Form 34D Tax liability of a non-resident arising out of a transaction with the resident applicant.
Resident High Net-Worth Corporate Form 34DA Resident computing tax liability arising from one or more transactions aggregating ≥ ₹ 100 Crores.
Public Sector Undertaking (PSU) Form 34E Any question of law or fact arising out of assessment proceedings.
Resident / Non-Resident for GAAR Form 34EA Determination of whether an arrangement is an Impermissible Avoidance Arrangement u/s 144BA.

3. Procedural Timelines & Statutory Bar (Sec 245R)

BAR shall NOT ALLOW an application where the question raised:

• Disposal Deadline: BAR shall pronounce its ruling in writing within 6 months from the date of receipt of the application.
• Withdrawal of Application: Applicant may withdraw application within 30 days from the date of the application.

4. Right of Appeal to High Court (Section 245W)

The applicant or the Assessing Officer, if aggrieved by any ruling or order passed by the BAR, may appeal to the High Court within 60 days from the date of communication of the ruling.
• High Court may allow filing within a further period of 30 days if satisfied of sufficient cause.

5. High-Yield Exam Traps

Trap 1: BAR ruling is NO LONGER binding!
Unlike erstwhile AAR rulings which were binding, a BAR order is subject to regular statutory appeal before the High Court by either the taxpayer or the Commissioner!
Trap 2: Pendency before AO is a complete bar!
If a Section 143(2) notice was already issued before filing the BAR application, the application will be rejected as pending proceedings under Section 245R(2)!