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TMI BlogScheme of Advance Rulings for non-residents under the Customs Act, 1962 and Central Excise Act, 1944 - reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 determining the duty liability, as the ruling is binding. Furtherm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 purposes of determination of value of the goods under the provisions of the Customs Act, 1962 or the Central Excise Act, 1944. However, an advance ruling cannot be sought where the question - is already pending, in applicant's case, before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 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 to unauthorised persons. ENQUIRY For any 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 contacted on any working day. The telephone number are given hereunder : 0091-11-26876412 0091-11-26876729 Disclaimer : This Public Notice should not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pacity 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 Excise Act,1944) Application No.---------------of--------------- 1. Full name and address along with telephone and fax number of the applicant. 2. Names, addresses, telephone and fax numbers, of the resident(s) non-reident(s), setting up the joint venture. 3. Status of the resident (s)/non-resident (s), setting up the joint venture. 4. Registration(s) of the joint venture party (s) mentioned at serial number 2 under Rule 174 of the Central Excuse Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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, Hindu undivided family, Company, Firm or Association of Persons. The status should be given in respect of each party. 7. For item number 6, the reply must be given in the context of the provisions regarding 'residence' in India as per the Income Tax Act, 1961. 8. Regarding item number 7, the question(s) should be based on the activity proposed to be under taken, Hypothetical questions will not be entertained. 9. In respect of item number 8, the applicant must state in details the relevant facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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