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Is AAR Order applicable to all registered dealer

Sivakumar D (Exceutive Accountant) (85 Points)

07 July 2018

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Ruchika Somani (Coaching and Practice in Tax Audit Law.) (4429 Points)
Replied 07 July 2018

Applicability of AAR:

(a) A non-resident who has entered or proposes to enter into a transaction.

(b) A resident who has entered or proposes to enter into a transaction and relates to the tax liability of the non-resident.

(c) A resident who has entered or proposes to enter into a transaction, in relation to the tax liability of such applicant that falls within any such class or category of person as the Central Government may notify in the Official Gazette. Notification No 73/2014 dated 28/11/2014 has notified resident whose tax liability arising out of one or more transactions is valuing rupees 100 crores or more.

(d) A resident falling within any such class or category of persons as the Central Government may notify in the Official Gazette, in respect of an issue relating to computation of total income which is pending before Income-Tax authorities or the Income Tax Appellant Tribunal (‘Appellant Tribunal’). Notification No So. 725 (E) dated 3/08/2000, has notified public sector companies, as defined in section 2(36A) of the Act. (e) Any person whether resident or non-resident, determining whether an arrangement proposed to be undertaken by him is an impermissible avoidance arrangement as referred to in Chapter X-A or not (General Anti-Avoidance Rules).