Calcutta HC Orders Advance Ruling Board to Quickly decide on Joint Ventures Taxation as Revised ITR Filing Deadline Approaches [Read Order]
Calcutta High Court directs the Advance Ruling Board to decide the JV tax application before the revised ITR deadline swiftly.
In a recent ruling, the Calcutta High Court directed the Board for Advance Rulings to expedite its decision on the petitioner’s clarification regarding the taxation of joint venture transactions with another firm, as the deadline for filing revised income tax returns on 31 December 2025 is approaching.
GKW Limited filed a writ petition stating that without the advance ruling, it was unable to file the proper return of income. The petitioner’s counsel argued that the delay in the disposal of the application was causing hardship and requested the Court to direct the Board to act promptly.
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The bench comprising Justice Om Narayan Rai observed that the petitioner had filed its application under Section 245Q of the Income Tax Act, 1961 on 26 February 2025, but despite sufficient time having passed, the Board had not yet given its ruling.
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The court explained that under Section 245R(6) of the Income Tax Act, the Board is required to deliver its ruling within six months from the date of receipt of the application. It pointed out that the Board had officially received the petitioner’s application on 17 April 2025, but no ruling had been issued even after the statutory period had expired.
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Considering that the revised return filing date is near, the court requested the Board to dispose of the application in accordance with law as quickly as possible, preferably within two weeks from the communication of this order.
With these directions, the writ petition was disposed of. The court also ordered that urgent certified copies of the judgment be supplied to the parties if requested.
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