Is Authority for Advance Ruling a Tribunal?
The Delhi High Court answered this question in an order which we bring you today. In this interesting decision the Delhi High Court has overruled the ruling of the Authority for Advance Ruling (Income Tax) given in the case of a UAE -based business entity whose liaison office (LO) in India was treated as Permanent Establishment (PE) for establishing business connection. While rendering withdrawal of Sec 148 notice necessary as it was based on the ruling of the Advance Ruling Authority, the Bench left it open to the Revenue to reopen assessments if any other legally sustainable ground is available with it.
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