Amendments to the structure of Authority for Advance Rulings

Section 245-O provides for the constitution of an Authority for Advance Rulings, and constitution of its benches, for giving advance rulings under Chapter XIX-B of the Act or under Chapter V of the Customs Act, 1962 or under Chapter IIIA of the Central Excise Act, 1944 or under Chapter VA of the Finance Act, 1994.

In view of the proposed constitution of new Customs Authority for Advance Ruling under section 28EA of the Customs Act, it is proposed to amend the provisions of section 245-O so as to provide that such Authority shall cease to act as an Authority for Advance Rulings, and shall act as an Appellate Authority for the purpose of Chapter V of the Customs Act, 1962 from the date of appointment of Customs Authority for Advance Rulings under section 28EA of the Customs Act, 1962.

It is further proposed that such Authority shall not admit any appeal against any ruling or order passed earlier by it in the capacity of Authority for Advance ruling after the date of appointment of Customs Authority for Advance Rulings under section 28EA of the Customs Act, 1962.

In order to avoid overlapping, it is also proposed that where the Authority is dealing with an application seeking advance ruling in the matters of the Act, the Revenue Member shall be the Member referred to in sub-clause (i) of clause (c) of sub-section (3).

These amendments will take effect from 1st April, 2018.

[Clause 48 & 49]

Advance rulings structure changed: existing body shifts to appellate role for customs and barred from admitting prior appeals. Amendments reconfigure the institutional role of the Authority for Advance Rulings so that on constitution of a new Customs Advance Rulings body the existing Authority shall cease to act as an advance-ruling body for customs and shall instead act as an appellate authority; it shall not admit appeals against its earlier advance-ruling orders after that constitution, and where the Authority hears advance-ruling applications under the Act the Revenue Member shall fill the specified bench member role.