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TMI BlogAdvance RulingsX X X X Extracts X X X X X X X X Extracts X X X X ..... undertaken. As per section 23 A (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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion even if there is any vacancy or defect in the constitution of authority. As per section 28F of Customs Act, 1962, the authority shall be situated in Delhi. Powers of the '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 'ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvance ruling can be sought only in respect of activity proposed to be taken. Applicant who has already commenced his business cannot seek advance ruling. Thus any person, who is a non-resident and is setting up a joint in India in collaboration with a non-resident or resident, or a resident who 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be accompanied with the power of attorney authorizing him to sign the application. 3. Fees for filing an application - An application should be accompanied by a fee of ₹ 2500 through a demand draft drawn in favour of the 'Authority for Advance rulings' payable at New Delhi. 4. Withdrawal of application - An applicant may withdraw his application within 30 days from the date 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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