GKW Limited V. Board for Advance Rulings & Ors.

WPA/22017/2025

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GKW Limited filed a writ petition against the Board for Advance Rulings, seeking an expedited decision on their application concerning the taxability of transactions in a joint venture. The application, filed under Section 245Q of the Income Tax Act, 1961, was not considered within the statutory timeframe, prompting the petitioner to seek judicial intervention. The court acknowledged the delay and the impact on the petitioner's ability to file an appropriate return of income, leading to the directive for a swift resolution.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 821867 (HC-KOLKATA)
• Appeal Type: Others
• Pronouncement Date: 03-12-2025
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: AMIT SHARMA; ABHISHEK AGRAHARI
• Assessee Lawyers: S BASU; SWAGATO KABIRAJ
• Keywords: Advance ruling; Joint venture; Non-consideration; Taxability; Form 34DA
• Section: 245Q(1); 245Q; 245R(6)

Judgement Text

"IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Ct.551 03.12.25 Item No.8 Sws.M WPA 22017 of 2025 GKW Limited Vs Board for Advance Rulings & Ors. Mr. S. Basu Mr. Swagato Kabiraj …for the petitioner Mr. Amit Sharma Mr. Abhishek Kr. Agrahari ….for the respondents. 1. The writ petitioner is aggrieved by the non- consideration of its application filed in Form 34DA in terms of Section 245Q of the Income Tax Act, 1961 despite sufficient time having been elapsed from the date of filing thereof. 2. The petitioner has filed an application before the Board for Advance Rulings under Section 245Q(1) of the said Act of 1961 seeking an advance ruling as regards taxability of certain transactions conducted by the petitioner in a joint venture with another entity. Such application had been filed before the Board of Advance Rulings on February 26, 2025, but the same has not yet been disposed of. 3. It is submitted by Mr. Basu, the learned advocate appearing for the petitioner that the petitioner is Printed from counselvise.com 2 unable to file appropriate return of income in the absence of the ruling by the Board of Advance Rulings on the petitioner’s application. He prays for expeditious disposal of the said application. 4. It is noticed that in terms of Section 245R(6) of the said Act of 1961, the Board of Advance Rulings is required to render its advance ruling within six months from the date of receipt of the application. 5. Mr. Basu, learned advocate appearing for the petitioner invites the attention of this Court to a letter dated April 17, 2025 issued by the Secretary, Board of Advance Rulings – I, wherefrom it appears that the petitioner’s application was received by the said Board on April 17, 2025. Since sufficient time has elapsed from the date when the application of the petitioner was received by the Board of Advance Rulings and since it is submitted by the petitioner that the last date for filing of revised return would be December 31, 2025 therefore, this Court requests the Board of Advance Rulings to dispose of the said application of the petitioner in accordance with law as expeditiously as possible and preferably within a period of two weeks from the date of communication of this order. 6. WPA 22017 of 2025 stands disposed of with the above observation. Printed from counselvise.com 3 7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on urgent basis after completion of necessary formalities. (Om Narayan Rai , J.) Printed from counselvise.com "