MAHINDRA BT INVESTMENT CO. (MAURITIUS) LTD. Vs. THE DIRECTOR OF INCOME TAX, AUTHORITY FOR ADVANCE RULING AND UNION OF INDIA

JUDGEMENT

(1.) RULE . Respondents waive service. At the request of the Counsel for both sides, petition taken up for final hearing. This petition under Article 226 of the Constitution of India takes exception to the order dated 27 August 2012 passed by the Authority for Advance Ruling ("the Authority") constituted under Section 245 -O of the Income Tax Act, 1961 ("the Act"). By the impugned order the Authority while closing the application for Advance Ruling refused to give a ruling on the question formulated while admitting the application of the petitioner.

(2.) THIS refusal of the Authority to give a ruling at the time of final hearing according to the petitioner is completely without jurisdiction on the following grounds: -

(3.) WHEN this petition reached hearing before us, Mr. Tejveer Singh learned Counsel appearing for the respondents submitted a letter dated 9 May 2013 received by him from the office of the Assistant Director of Income Tax (International Taxation) to which was enclosed a letter dated 7 May 2013 addressed by SEBI to respondent No. 1 herein i.e. Director of Income Tax (International Taxation). The letter dated 7 May 2013 reads as under: -