TaxTMI 
TaxTMI 
Scheme of Advance Rulings for non-residents under the Customs Act, 1962 and Central Excise Act, 1944 - reg.
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....ority for Advance Rulings. An advance ruling under the scheme is with respect to questions pertaining to classification of goods, principles of valuation and the applicability of exemption notifications which could arise in determining the duty liability in respect of an activity proposed to be undertaken by the joint venture parties. Such knowledge of tax consequences would also assist them in determining the viability of the proposed activity. The rulings being final in nature, subject of course to section 28J(2) of the Customs Act, 1962 and 23E(2) of the Central Excise Act, 1944, would also leave the parties free of any time-consuming and expensive litigation subsequently. The Authority for Advance Rulings (Procedure), 2002 details the procedure for obtaining advance rulings. ACTIVITY ON WHICH ADVANCE RULINGS CAN BE SOUGHT Activity means import or export under the Customs Act, 1962 and production or manufacture under the Central Excise Act, 1944. BENEFITS OF OBTAINING ADVANCE RULINGS Obtaining an advance ruling helps the applicant in planning their Customs & Central Excise activities well in advance. It would also bring certainty in d....
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....come to India on a visit during the previous year. A person of India origin is one if he, or either of his parents or any of his grandparents, was born in undivided India. Individuals, who are not 'resident' in accordance with the above, are treated as 'nonresident' under the Income-tax Act. Company : A company is a non-resident if it is neither an Indian company nor one 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, if during a previous year the control and management of its affairs is situated wholly outside India. QUESTION ON WHICH ADVANCE RULINGS CAN BE SOUGHT An advance ruling can be sought on any question in respect of:- • Classification of any goods under the Customs Tariff Act, 1975 or the Central Excise Tariff Act, 1985. • Applicability of notifications issued under sub-section (1) of section 25 of the Customs Act, 1962, or sub-section (1) of section 5A of the Central Excise Act, having a bearing on the rate of duty. • Principles to be adopted for the purpos....
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.... of authorization shall be duly executed vakalatnama. Payment of Fee An Application should be accompanied by a fee of Rs. 2,500 (Rs. Two Thousand Five Hundred Indian Rupees) through a bank draft drawn in favor of the Advance Rulings payable at New Delhi. Withdrawal of application An applicant may withdraw his application within 30 days from the date of filing the application. TIME LIMIT FOR PRONOUNCING AN ADVANCE RULING. An advance ruling is required to be pronounced by the Authority within three months of the receipt of a valid application. IS AN ADVANCE RULING BINDING ? An advance ruling is required to be pronounced by the Authority shall be binding (subject to section 28J(2) of the Customs Act, 1962 and section 23E(2) of the Central Excise Act, 1944), only - • On the applicant who has sought, it, and • On the jurisdictional Commissioner of Customs or Commissioner of Central Excise, as the case may be, and the Customs and Central Excise Authorities subordinate to him, in respect of the applicant. CONFIDENTIALITY The contents of an application would not be disclosed ....
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....ments attached. 12. Particulars of account payee demand draft accompanying the applicant. (Applicant's Signature) VERIFICATION I, __________________________________ (name in full and in block letters), son/daughter/wife of ________________________________do hereby solemnly declare that to the best of my knowledge and belief what is stated above and in the annexure (s), including the documents are correct. I am making this application in my capacity as __________________ (designation) and that I am competent to make this application and verify it. 2. I also declare that the question(s) on which the advance ruling is sought is/are not pending in any case before any customs authority, Appellate Tribunal or any Court. 3. Verified this _______________day ______________of_________200____________ at ___________ (Applicant's signature) FORM -AAR (CE) [Application for Advance Ruling (Central Excise)] [See rule 3 of the Central Excise (Advance Ruling) Rules, 2002] BEFORE THE AUTHORITY FOR ADVANCE RULINGS (CUSTOMS & CENTRAL EXCISE) NEW DELHI (for of application for seeking Advance Ruling under Section 23 C of the Central Excis....
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....NNEXURE II Statement containing the applicant's interpretation of law and/or facts, as the case may be, in respect of the question (s) on which advance ruling is required. Place ..................... Date ..................... (Applicant's Signature) Notes : 1. The application must be filled in English or Hindi in quadruplicate. 2. The application must accompanied by an account payee demand draft of Rupees two thousand five hundred drawn in favour of Authority for Advance Rulings, payable at New Delhi. Particulars of the draft should be entered in the column pertaining to item number 12. 3. Please state whether individual, Hindu undivided family, Company, Firm or Association of Persons, etc. 4. The number and year of receipt of the application will be filled in the office of the Authority for Advance Rulings. 5. If the space provided for answering any item in the application is found insufficient, separate sheets may be used for this purpose. Each sheet must be signed at the bottom by the applicant. 6. In reply of item number 3 the applicant must state the status of party (s) in the joint venture, i.e. whether the party (s) is an individual,....