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TMI BlogSCHEME OF ADVANCE RULINGS FOR NON-RESIDENTS UNDER THE INDIAN CUSTOMS AND CENTRAL EXCISE LAWX X X X Extracts X X X X X X X X Extracts X X X X ..... with respect to:- • Classification of goods. • Principles of valuation. • 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. . Notification issued in respect of duty of excise under the Central Excise Tariff act and any duty chargeable under any other law for the time being in force in the same manner as duty of excise leviable. • Admissibility of credit of excise duty paid or deemed to have been paid on the goods used in or in relation to manufacture of the excisable goods. Knowledge of tax consequences would also assist them in determining the viability of the proposed activity. The rulings being final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Indian legal Service who is or is qualified to be an A Secretary to the Government of India. 5. Who can seek an advance ruling? Any person, who is a non-resident and is setting up a joint ye India in collaboration with a non-resident or resident, or a resident who is s up a joint venture in India in collaboration with a non-resident. Vide finance Bill, 2005, section 23A of Central Excise Act, 1944 is being amended so as to an existing Joint venture in India to avail the benefit of Advance Ruling. Central Government is also being empowered to notify any class or persons as eligible for availing the benefit of Advance Ruling. 6. Who is a non-resident? Under the existing provisions of the Income Tax act, 1961 the taxable entities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is neither nor one the control and management of whose affairs during the previous year if , it is neither an Indian company nor one the control management of its affairs is situated wholly in India. Every other person: Every other person is a non resident in India in any previous year, if during that year the control management of its affairs is situated wholly outside India. 7. Questions on which advance rulings can be sought 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 act, 1985. . Applicability of exemption notifications issued under sub section(1) if section 25 of the custom act, 1962 or sub section (1) of se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be le reduced to A-4 size on photocopier and, in the latter case, it s be folded to A-4 size. • The question of law or fact on which advance ruling is sought be stated clearly in the application. 8.3 Signing of an application An application including the documents annexed thereto should signed in the manner indicated in note 10 to the prescribed form. Where a person signing the application and other documents claims to have been dulyuthorized to do so, the application should include a power of attorney authorizing him to sign and an affidavit setting out the unavoidable reason which entitles him to sign it. 8.4 Authorised Representative An applicant is entitled to represent his case before the Authority either personally or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Customs and Central Excise Authorities subordinate to him, in respect of the applicant. 11Confidentiality The contents of an application would not be disclosed to unauthorized persons. 12. Enquiry For Forms and any latest information, Additional/Joint Commissioner. Authority for Advance rulings, Customs and Central Excise, 4th Floor, Hotel Samrat, Kautilya.Marg, Chanakyapuri, New Delhi-110021 INDIA may be contact on any working day. The telephone numbers Web site address are given hereunder:- 0091-11-26876412 - 0091-11-26876729 Website :- www.cbec.gov.in/cae/aar.htm. - Manuals - Ready reckoner - Law and practice - Reference Guide - Quick Commentary Tax Management India - taxmanagementindia - taxmanagement - taxmanag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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