Amended and updated notes on section 245P of Income Tax Act 1961 as amended by the Finance Act 2022 and Income-tax Rules, 1962. Detail discussion on provisions and rules related to Vacancies, etc., not to invalidate proceedings.
Chapter XIXB (Sections 245N to 245V) of the Income Tax Act 1961 deals with the provisions related to Advance rulings . Section 245P of IT Act 1961 provides for Vacancies, etc., not to invalidate proceedings.
Recently, we have discussed in detail section 245-OA (Qualifications, terms and conditions of service of Chairman, Vice-Chairman and Member) of IT Act 1961. Today, we learn the provisions of section 245P of Income-tax Act 1961. The amended provision of section 245P is effective for financial year 2021-22 relevant to the assessment year 2022-23.
In this article, you will learn detail of the provisions of section 245P of the Income Tax Act, 1961 Bare Act read with the Income-tax Rules, 1962 as provided by Ministry of Law and Justice, Government of India.
Section-245P: Vacancies not to invalidate proceedings
Section 245P(1) of Income Tax Act
No proceeding before, or pronouncement of advance ruling by, the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Authority.
Section 245P(2) of Income Tax Act
With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, the provisions of this section shall have effect as if for the word “Authority”, the words “Board for Advance Rulings” had been substituted.
[Sub-section(2) of section 245P newly inserted w.e.f. 1-April-2021 by the Finance Act 2021]
[The Central Government appoints 1st day of September, 2021 as the date for the purposes of sub-section (2) of section 245P vide Notification No. 97/2021, S.O. 3562(E) dated 01.09.2021]