TaxTMI 
TaxTMI 
Scheme of Advance Rulings under Customs, Central Excise and Service tax Law for Foreign Investors – reg.
X X X X Extracts X X X X
X X X X Extracts X X X X
.... In continuation of above Public Notice, the detailed procedure for obtaining Advance Rulings under the Scheme of Advance Rulings for Non-Resident & Specified Resident Investors, under the Indian Customs, Central Excise and Service Tax Provisions prescribed by Ministry of Finance, Department of Revenue, Authority for Advance Rulings (Central Excise, Customs & Service tax), New Delhi is as under: ACTIVITY/SERVICE ON WHICH ADVANCE RULINGS CAN BE SOUGHT Activity means import or export of goods under the Customs Act, 1962, and production or manufacture of goods under the Central Excise Act, 1944. Service refers to a taxable service, so specified in Chapter V of the Finance Act, 1994 under the Service Tax Provisions. BENEFITS OF OBTAI....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eign company; * A Joint venture in India; * A resident falling within any such class or category of persons as the Central Government may, by notification in the official gazette specify in this behalf - the Central Government has vide Notification No. 69/2005 dated 29.07.2005(Copy enclosed) specified a resident as an applicant who proposes to import any goods from the Republic of Singapore under Comprehensive Economic Co-operation Agreement (CECA) ("Non-resident", "Indian company" and "Foreign company" have the meanings respectively assigned to them in clauses (30), (26) and (23A) of section 2 of the Income Tax Act, 1961) WHO IS A NON-RESIDENT? Under the existing provisions of the Income Tax Act, 1961(Section 6) ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... *A person of Indian origin is one if he, or either of his parents or any of his grand-parents, was born in undivided India. Individuals, who are not resident in accordance with the above, are treated as non resident under the Income tax Act. Individuals, who are not 'resident' in accordance with the above, are treated as 'non-resident' under the Income Tax Act. * Company: A company is non-resident if it is neither an Indian company nor a company the control and management of whose affairs during the previous year, is situated wholly in India. * Every other person: Every other person is a non-resident in India if, during a previous year, the control & management of its affairs is situated wholly outside India. WHAT IS AN ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e Tariff Act, 1985 and any duty chargeable under any other law for the time being in force in the same manner as duty of excise leviable under the Central Excise Act,1944; * Admissibility of credit of excise duty paid or deemed to have been paid on the goods used in or in relation to the manufacture of excisable goods(Cenvat). * Determination of liability to pay duties of excise on any goods under CE Act. Service Tax * Classification of any service as taxable service under Chapter V of the Finance Act, 1944; * Valuation of taxable services for charging service tax; * Determination of the liability to pay service tax on a taxable service under the provisions of Chapter V. * Principles ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e. * The question of law or fact on which advance ruling is sought may be stated clearly in the application. * Signing of an application * An application including the documents annexed thereto should be signed in the manner indicated in note 11 to the prescribed form. Where a person signing the application and other documents claims to have been duly authorized to do so, the application should include a power of attorney, authorizing him to sign and an affidavit setting out the unavoidable reasons, which entitle him to sign it. * If the applicant is not based in India, he shall, inter alia, indicate in a separate annexure to the application- (a) his postal and e-mail address abroad; (b) the n....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ys of the receipt of a valid application. IS AN ADVANCE RULING BINDING? An advance ruling pronounced by the Authority shall be binding * On the applicant who had sought it, * In respect of the question raised in the application; and * On the Commissioner of Customs/Central Excise/Service tax, as the case may be, and the authorities subordinate to him, in respect of the applicant; Unless there is a change in law or facts on the basis of which the advance ruling has been pronounced. CONFIDENTIALITY The contents of an application would not be disclosed to unauthorized persons. ENQUIRY For any assistance/further information, the Additional/Joint Commissioner, Authority for Advance Rulings (Central....