M/s. ABC Limited, an Indian company makes an application to Board of Advance rulings in relation to the tax liability of M/s. Pinicer Inc, a…

As per section 245N(a) clause (ii) , Advance ruling means a determination by the Authority in relation to the tax liability of a non-resident arising out of a transaction which has been undertaken or is proposed to be undertaken by a resident applicant with such non-resident. Section 245Q (1) provides that an applicant desirous of obtaining an advance ruling may make an application stating the question on which the advance ruling is sought in the prescribed form and in the prescribed manner. As per section 245Q (2) , the application of advance ruling needs to be made in quadruplicate (refer note below) by the applicant i.e., M/s ABC Ltd. Since the value of transaction between M/s ABC Ltd and M/s Pinicer Inc., in respect of which ruling is sought, exceeds 100crores but does not exceed 300crores, fees of 5lakhs to be accompanied with the application. As per section 245W (1) , an applicant who is aggrieved by any order passed by the Board for Advance Rulings or the Assessing Officer, on the directions of the Principal Commissioner or Commissioner, may appeal to the High Court against such ruling or order of the Board of Advance Rulings. He has to do so within sixty days from the date of the communication of that ruling or order. However, where the High Court is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the 60 days period, it may grant further period of 30 days for filing such appeal. Note – Rule 44E (1) provides that an application for obtaining an advance ruling under sub-section (1) of section 245Q shall be made in prescribed forms and shall be verified in the manner indicated therein. Rule 44E (2) prescribes that the application referred to in sub-rule (1) , the verification appended thereto, the annexures to the said application and the statements and documents accompanying the annexures, shall be signed or digitally signed by a particular person and furnished through his/its registered e-mail address. Since reference to the word "quadruplicate” still contained in the section 245Q (2) though rule prescribe to furnish application through e-mail. The main solution is given based on provisions contained in section 245Q (2) . However, alternate solution that “the application of advance ruling needs to be made by the applicant i.e., M/s ABC Ltd. through its registered e-mail” is also possible in line with Rule 44E.