TaxTMI 
TaxTMI 
Advance Rulings
X X X X Extracts X X X X
X X X X Extracts X X X X
....a) of CEA activity means production or manufacture of goods includes any new business of production or manufacture proposed to be undertaken by existing manufacturer or producer. Thus as per section 23C of CEA 'advance ruling' can be sought on any question in respect of: - 1. Classification of goods under the central excise tariff act, 1985. 2. Principles applicable for valuation of goods for purpose of assessment. 3. Applicability of exemption notification under section 5A of CEA. 4. Notification (and not a circular) issued in respect of duties of excise under the Central Excise Tariff Act and any duty chargeable under any other law for the time being in force. 5. Admissibility of credit of service tax paid or deemed to have ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 'Authority' 1. The authority will have all the powers of a 'civil court' in respect of the following matters: - · discovery and inspection, · enforcing the attendance of any person, · examining people on oath, · issuing commissions, · compelling production of books, documents etc. 2. The authority will also have the power to regulate its own procedure in all matters arising out of exercise of its power under the Act. 3. The authority shall be deemed to be 'civil court' (for the purpose of section 195 of Code of Criminal Procedure) and every proceedings before the authority shall be deemed to be a 'judicial proceeding' (under section 193 and 228 of the Indian Penal C....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o is setting up a joint venture in India in collaboration with a non-resident can seek advance ruling. Vide finance Bill, 2005, section 23A of Central Excise Act, 1944 is being amended, so as to, even existing Joint venture in India can avail the benefit of Advance Ruling. [Thus a resident cannot apply for advance ruling unless he is entering into joint venture in collaboration with non-resident]. Binding of advance ruling As per section 23E of CEA, advance ruling shall be binding only: - 1. On the applicant who has sought it. 2. On the commissionerate in respect of the applicant. The advance ruling will continue to be binding unless there is change in law or facts on the basis of which advance ruling was given. It does not bind othe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e of filing the application. (II). Procedure to be followed by authority for advance ruling on receipt of application 1. On receipt of application, the authority shall pass an order admitting or rejecting the application. The authority shall forward a copy of order to the applicant and the Commissioner. 2. The contents of an application would not be disclosed to unauthorized persons. 3. The authority has the sole discretion to accept or reject the application. · If the application is accepted, authority will examine the material submitted by applicant or obtained by the authority. · If application is rejected, an opportunity of hearing will be given to the applicant and reasons for the rejection will also be given in the....