Procedure of Board for Advance Rulings
[Section-388 as per the Income Tax Act, 2025 (this Act) w.e.f. 1st April, 2026.]
The Board for Advance Rulings shall, subject to this Chapter, have power to regulate its own procedure in all matters arising out of the exercise of its powers under this Act.
FAQs on Section 388 of Income Tax Act 2025
What is the main provision of Section 388 of the Income Tax Act, 2025?
Section 388 empowers the Board for Advance Rulings to regulate its own procedure in all matters related to the exercise of its powers under the Act, subject to the provisions of the relevant Chapter.
Does the Board for Advance Rulings have to follow any external procedural rules?
No, Section 388 allows the Board to regulate its own procedure, but this autonomy is subject to the provisions of the Chapter in which Section 388 is contained.
Can the procedure followed by the Board be challenged on grounds of not adhering to general procedural laws?
As long as the Board’s procedure is in accordance with the provisions of the relevant Chapter, it cannot be challenged merely for not following general procedural laws.
Is the Board for Advance Rulings required to publish its procedures?
Section 388 does not mandate the publication of procedures, but the Board may choose to do so for transparency and clarity.
Does Section 388 limit the Board’s power in any way?
Yes, while the Board has autonomy to regulate its procedure, this power is subject to the provisions of the Chapter governing advance rulings.
Can the procedure vary from case to case?
Yes, since the Board regulates its own procedure, it may vary depending on the nature of the matter, provided it adheres to the overarching legal framework of the Chapter.
Is there any oversight or appellate review of the procedure adopted by the Board?
Section 388 does not specifically mention oversight or appellate review of the Board’s procedure, but general legal remedies may be available if the procedure violates the Chapter’s provisions or principles of natural justice.
Does Section 388 grant quasi-judicial powers to the Board for Advance Rulings?
While it does not explicitly mention quasi-judicial powers, the ability to regulate its own procedure in matters under the Act implies a quasi-judicial role.
From when is Section 388 effective?
Section 388 is effective from 1st April, 2026, as per the Income Tax Act, 2025.
Is Section 388 applicable to all types of advance rulings under the Act?
Yes, it applies to all matters where the Board for Advance Rulings is empowered under the Income Tax Act, 2025.
