Authority for Advance Ruling [ Section 245O ] - International Taxation - Income Tax

Authority for Advance Ruling [ Section 245O ] (1) The Central Government shall constitute an Authority for giving advance rulings, to be known as Authority for Advance Rulings . The Authority shall cease to act as an Authority for Advance Rulings for the purposes of Chapter V of the Customs Act, 1962 on and from the date of appointment of the Customs Authority for Advance Rulings under section 28EA of that Act. The Authority so constituted shall cease to operate on and from such date as the Central Government may, by notification in the Official Gazette, appoint. (2) The Authority shall consist of a Chairman and such number of Vice-chairmen, revenue Members and law Members as the Central Government may, by notification, appoint. (3) A person shall be qualified for appointment as- Chairman Who has been a Judge of the Supreme Court or the Chief Justice of a High Court or for at least seven years a Judge of a High Court [Inserted by FA, 2017, w.e.f. 1-4-2017] Vice-chairman Who has been Judge of a High Court Revenue Member (i) from the Indian Revenue Service , who is, or is qualified to be, a Member of the Board or (ii) from the Indian Customs and Central Excise Service , who is, or is qualified to be, a Member of the Central Board of Excise and Customs on the date of occurrence of vacancy [Substituted by FA, 2017, w.e.f. 1-4-2017] Law Member From the Indian Legal Service , who is an Additional Secretary to the Government of India on the date of occurrence of vacancy [Inserted by FA, 2017, w.e.f. 1-4-2017. (4) The terms and conditions of service and the salaries and allowances payable to the Members shall be such as may be prescribed. (5) The Central Government shall provide to the Authority with such officers and employees, as may be necessary, for the efficient discharge of the functions of the Authority under this Act. (6) The powers and functions of the Authority may be discharged by its Benches as may be constituted by the Chairman from amongst the Members thereof. (6A) In the event of the occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the senior-most Vice-chairman shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office. [Inserted by FA, 2017, w.e.f. 1-4-2017] (6B) In case the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Vice-chairman shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties. [Inserted by FA, 2017, w.e.f. 1-4-2017] (7) A Bench shall consist of the Chairman or the Vice-chairman and one revenue Member and one law Member. (8) The Authority shall be located in the National Capital Territory of Delhi and its Benches shall be located at such places as the Central Government may, by notification specify. Note:- The constitution of the Authority is such that it functions as an independent quasi-judicial body and for the purpose of exercising its powers, it shall have all the posers of a civil court under the Code of Civil Procedure, 1908 as are referred to in section 131 of the Income Tax Act.