ABOUT THE AUTHORITY

To facilitate foreign investment into the country a number of steps has been taken by   Government of India in recent period.  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 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;

 'Explanation. - For the purposes of this clause, "joint venture in India" means 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 a 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 vide Notification No.69/2005 dated 29.07.2005 specified a resident as an applicant who proposes to import any goods from the Republic of Singapore under Comprehensive Economic Co-operation Agreement (CECA)]

[ “Non-resident”, “Indian company” and “Foreign company” have the meanings respectively assigned to them in clauses (30), (26) and (23A) of section 2 of the Income Tax Act, 1961.]

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 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 goods under 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 excise duty paid or deemed to have been paid on the goods used in or in relation to the manufacture of excisable goods (Cenvat).

• determination of the liability to pay duties of excise on any goods under this Act
   

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 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 Service Tax.

• 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,  ‘production’ or ‘manufacture’ of goods,  under the Central Excise Act and ‘taxable services’ under the Service Tax law,  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  a  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 P. V. Reddi is the Chairman and Smt. Chitra Saha and Shri. A. Sinha are the Members. 

6.         Office of the Authority is located on 4^th Floor, Hotel Samrat, Kautilya Marg, Chanakyapuri, New Delhi – 110 021.  Full details relating to the Authority’s functioning maybe accessed on the web site- http://www.cbec.gov.in/aar/aar.htm

  Any queries can be sent to the e-mail address i.e. aarcee@hub.nic.in
 

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

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.