201.
Whether
an advance ruling pronounced by the
appellate authority can be challenged by the applicant or any
income tax authority under article 226/227 of the constitution before the High
Court or under article 136 of the constitution before the
Supreme
Court?
Article 226 &
227 empowers High Court to exercise jurisdiction over the courts and
tribunals subordinate to it. Similarly, Article 136 of the constitution empowers
the Supreme Court to exercise jurisdiction over the courts & tribunals
subordinate to it.
The advance ruling
appellate authority
being a judicial body vested with powers of state under special law, is deemed
“tribunal” within the meaning of expression under the article 136, 226, 227
of the constitution. Thus, the ruling pronounced by Appellate Authority of
advance ruling can be challenged in High Court or Supreme Court. (section 99)