AAR can justifiably entertain its discretion not to allow the application under section 245R(2) where application made 4 years after transaction in question entered into

In Red Hat India (P.) Ltd.,

[2012] 18 taxmann.com 259 (AAR - New Delhi) (3-2-2012)
• As an authority constituted under a statute, Authority for Advance Rulings may have a jurisdiction to decline a ruling even when one of these clauses in the proviso is not attracted or one of them is not strictly satisfied

• The Authority can justifiably exercise its discretion not to allow the application under section 245R(2) of the Act on the ground that the applicant has not approached this Authority with reasonable diligence and has approached it only more than four years after the transaction giving rise to the application was entered into and even assessments for two years were already completed