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About the Authority


To facilitate foreign investment into the country a number of steps have been taken by Government of India in the past.  Setting up an Authority for Advance Rulings (Central Excise, Customs & Service Tax) to give binding rulings, in advance, on Central Excise, Customs and Service Tax matters pertaining to an investment venture in India is one such measure. The   legal provisions of Advance Rulings were introduced through the Finance Acts of 1998, 1999 and 2003. The scheme of Advance Rulings has assumed special significance in the context of greater emphasis on FDI.  Advance Rulings afford far greater certainty to foreign investors in respect of their prospective indirect tax liabilities.

 2.         The process of obtaining a ruling is simple, inexpensive and transparent (only Rs. 2500/- have to be deposited through a Demand Draft with each application).  The   process of obtaining a ruling is highly expeditious as the Authority is statutorily required to pronounce the ruling within 90 days of receipt of an application. Rulings are pronounced after providing an opportunity of being heard by the Authority and in pursuance of other accepted judicial norms.  Advance Rulings pronounced by the Authority are binding on the departmental officers engaged in assessment of goods and services and on the applicant, and hence rule out possibilities of disputes and litigation, subsequently. A ruling given in respect of an applicant is binding only in that applicant's case.  Furthermore, Advance  Rulings  are not appealable by the department or the  applicant, under  the  Central Excise, Customs or Service tax law.

  

3.         The scheme of Advance Rulings allows the following categories of applicants to seek an advance ruling :

·     Any person who is a non-resident setting up a joint venture in India in collaboration with a non-resident or a resident;

·     Any person who is a resident setting up a joint venture in India in collaboration with a non-resident;

·     A wholly owned subsidiary Indian company of which the holding company is a foreign company;

·   A joint venture in India, that is to say a contractual arrangement whereby two or more persons undertake an economic activity which is subject to joint control and one or more of the participants or partners or equity holders is non-resident having substantial interest in such arrangement;

·         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 specified the following categories of persons as being eligible to seek advance rulings:-  

(a)   Any Public Sector Company;

(b)   Residents proposing to import goods under the  project import facility (heading 9801 of the Customs Tariff) for seeking rulings  under  the Customs Act,1962;

(c)   Residents proposing to import goods from Singapore under the Comprehensive Economic Co-operation Agreement for seeking rulings on origin of goods under the Customs Act, 1962;

(d)   Resident Public Limited Company.

(e) Resident Private Limited Company.

(f) Resident firm

 

 {NOTE 1: "Resident",  "Non-resident", "Indian company", "Foreign company" and "Public Sector Company" have the meanings respectively assigned to them in clauses (42), (30), (26), (23A) and (36A) of section 2 read with sub-section (3) of section 6 of the Income- tax Act, 1961 (43 of 1961).

 

NOTE 2: "Public Limited Company" shall have the same meaning as is assigned to "Public Company" in clause (iv) of sub-section (1) of Section 3 of the Companies Act, 1956 (1 of 1956) and shall include a private company that becomes a public company by virtue of section 43A  of the said Companies Act, 1956 read with Section 2 (71) of the Companies Act, 2013.

 

NOTE 3: "Private Limited Company" shall have the same meaning as is assigned to "private company" in clause (68) of section 2 of the Companies Act, 2013 (18 of 2013)}

               Note 4: (a)"firm" shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932 (9 of 1932) , and includes-

    (i)             the limited liability partnership as defined in clause (n) of sub-section (1) of the section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009); or

                 (ii) limited liability partnership which has no company as its partner; or

                 (iii) the sole proprietorship; or

                 (iv) One Person Company.

 

              (b) (i) "sole proprietorship" means an individual who engages himself in an activity as    

                        defined in sub-clause (a) of section 28E of the Customs Act, 1962, sub-clause (a) of 

                         section 96A of the Finance Act, 1994 & sub-clause (a) of section 23A of the 

                         Central Excise Act, 1944

                  (ii) "One Person Company" means as defined in clause (62) of section 2 of the  

                        Companies Act, 2013 (18 of 2013).

(c) "resident" shall have the meaning assigned to it in clause (42) of section 2 of the 

       Income-tax Act, 1961 (43 of 1961) in so far as it applies to a resident firm.

 QUESTIONS ON WHICH ADVANCE RULING CAN BE SOUGHT

 Customs :

 

·   Classification of any goods under the Customs Tariff Act, 1975;

·      Applicability of a notification issued under sub section (1) of Section 25 of the Customs Act, 1962  having a bearing on the rate of duty;

·      Principles to be adopted for the purposes of determination of value of goods under the provisions of Customs Act, 1962.

·     Applicability of notifications issued in respect of duties under the Customs Act, 1962, Customs Tariff Act, 1975 and any duty chargeable under any other law for the time being in force in the same manner as duty of customs under the Customs Act, 1962.

·      Determination of origin of goods in terms of the rules notified under the Customs Tariff Act, 1975 and matters related thereto.

 Central Excise :

 ·      Classification of any goods under the Central Excise Tariff Act, 1985;

·         Applicability of a notification issued under sub-section (1) of Section 5 A of the  Central Excise Act, 1944 having a bearing on the rate of duty;

·         Principles to adopted for the purposes of determination of value of the goods under the provisions of the Central Excise Act, 1944;

·        Applicability of notifications issued under the Central Excise Act, 1944, Central Excise 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 service tax paid or deemed to have been paid on input service or excise duty paid or deemed to have been paid on the goods used in or in relation to the manufacture of the excisable goods.

·         Determination of the liability to pay duties of excise on any goods under the Central Excise Act, 1944.

 

Service Tax:

·      Classification of any service as taxable service under Chapter V of the Finance Act, 1994;

·         Valuation of taxable services for charging service tax;

·         Principles to be adopted for the purposes of determination of value of taxable service under the provisions of Chapter V;

·         Applicability of notifications issued under Chapter V;

·         Admissibility of credit of duty or tax in terms of the rules made in this regard;

·         Determination of the liability to pay service tax on a taxable service under the provisions of Chapter V.

However, an advance ruling cannot be sought where the question -

·    is already pending, in applicant's case, before any officer of the Customs/Central Excise/Service Tax, the Appellate Tribunal or any Court; or

·       is the same as in a matter already decided by the Appellate Tribunal or any Court.

 4.         Advance rulings would indicate, in advance, the duty liability in respect of an 'activity', viz. 'import' or 'export' under the Customs Act, 1962, 'production' or 'manufacture' of goods, under the Central Excise Act, 1944 and Service refers to a  'taxable services', so specified in Chapter V of the Finance Act, 1994 under the Service Tax Provisions, proposed to be undertaken by an applicant (In some areas the Service Tax law is administered by Central Excise officers).

 5.      Authority for Advance Rulings, Central Excise, Customs & Service Tax is a high level quasi judicial body headed by retired judge of the Supreme Court of India. Besides the Chairman, there are two Members (of Additional Secretary rank) - who have wide experience in technical and legal matters.  At present Mr. Justice V.S. Sirpurkar is the Chairman and Shri.S.S. Rana is the Member.

 6.         Office of the Authority is located on 5th Floor, NDMC Bldg, Yashwant Place, Chanakyapuri, New Delhi - 110 021.  Full details relating to the Authority's functioning maybe accessed on the website:  http://www.cbec.gov.in/aar/aar  Any queries can be sent to the e-mail address i.e.  aarcee@nic.in

 7.         The following officers can be contacted  during office hours for further information : 

  Designation of the officer

Telephone Number

Fax Number

E-mail

Commissioner

91-11-26117928

91-11-26113890

aarcce@nic.in

Addl. Commissioner

91-11-26876412

91-11-26876409/6412

aarcce@nic.in

  

Note:   In case a brochure relating to the Authority's functions is required, request can be e-mailed at the above address or addressed to any one of the afore-mentioned officers.