§ 386
Chapter XVIII — Appeals, Revisions And Alternate Dispute Resolutions
Advance ruling to be void in certain circumstances
Income-tax Act, 2025
If the Board for Advance Rulings discovers that an advance ruling was obtained through fraud or misrepresentation, it can declare the ruling void from the beginning. The tax provisions will then apply to the applicant as if the ruling never existed, except for the period between the ruling date and the voiding order. The applicant and the Principal Commissioner/Commissioner will receive a copy of the order.
📜 Official text of the section +
386. (1) Where on a representation made by the Principal Commissioner or
Commissioner or otherwise, the Board for Advance Rulings finds, that an
advance ruling pronounced under section 384(6) has been obtained by the applicant
by fraud or misrepresentation, then it may by order, declare such ruling to be void
ab initio and thereupon, all the provisions of this Act shall apply (after excluding the
period beginning with the date of such advance ruling and ending with the date of
order under this sub-section) to the applicant as if such advance ruling had never
been made.
(2) A copy of the order made under sub-section (1) shall be sent to the applicant
and the Principal Commissioner or Commissioner.
Powers of the Board for Advance Rulings.
Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.
Related sections
§ 356Appealable orders before Joint Commissioner (Appeals)§ 357Appealable orders before Commissioner (Appeals)§ 358Form of appeal and limitation§ 359Procedure in appeal§ 360Principal Commissioner or Commissioner. Powers of Joint Commissioner (Appeals) or Commissioner (Appeals)§ 361Appellate Tribunal