Supreme Court Bars Direct SLP Against AAR Rulings

*"Binding" AAR Rulings can be challenged but not directly in the Supreme
Court *



The Petitioner, a USA company, filed an application for advance ruling on
the question whether its liaison office in India was a "business
connection"/ "permanent establishment" and whether its business profits
were taxable under the Act and the DTAA. The AAR held that the liaison
office was a business connection/ PE and that the income attributable
thereto was assessable to tax in India. The Petitioner filed a SLP directly
in the Supreme Court to challenge the AAR's ruling. The Supreme Court had
to consider whether the AAR was a "tribunal"/ "court" and whether a direct
challenge in the Supreme Court was desirable. HELD:


*(Click Here To Read More <http://bit.ly/AAR_SC_HC>)*