Notification No. 21/2007-Cus (NT) Dated 6/3/2007
Customs (Advance Ruling) Amendment Rules, 2007.- G.S.R.
(E).- In exercise of the powers conferred
by section 156 read with sub-sections (1) and (3) of section 28 H, sub-section
(7) of section 28-I of the Customs Act, 1962 (52 of 1962), the Central
Government hereby makes the following rules further to amend the Customs
(Advance Rulings) Rules,2002, namely: -
1. (1) These rules may be called the Customs (Advance Ruling) Amendment Rules, 2007.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Customs (Advance Rulings) Rules, 2002 (hereinafter referred to as the said rules), in clause (b) of rule 2, for the words “the Authority for Advance Rulings”, the words and brackets “the Authority for Advance Rulings (Central Excise, Customs and Service Tax)” shall be substituted.
3.
For the “Form” appended to the said rules, the following
“Form” shall be substituted, namely:-
“FORM-
[Application
for Advance Ruling (Customs)]
(See rule 3 of the Customs (Advance Rulings)
Rules, 2002)
BEFORE THE AUTHORITY FOR ADVANCE RULINGS
(CENTRAL EXCISE, CUSTOMS AND SERVICE TAX)
(Form of application for seeking Advance
Ruling under section 28H
of the Customs Act, 1962)
Application No……….of………………….
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1. |
Details
of Applicant |
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(i) Full name |
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(ii) Complete address |
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(iii) Telephone number( with STD/ISD code) |
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(iv) Fax number (with STD/ISD code) |
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(v) E-mail address |
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(vi) Postal address ( to be provided if different from (ii) above) |
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2. |
Status
of the Applicant(Tick whichever is applicable) |
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(i) a
non-resident setting up a joint venture in (a) a non-resident; or (b) with a resident; |
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(ii) a resident
setting up a joint venture in |
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(iii) a wholly owned subsidiary Indian company, of which the holding company is a foreign company; |
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(iv) a joint venture in India; |
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(v) 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 (mention notification number); |
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(vi)
Importer/Exporter importing/ exporting any goods from |
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3. |
Basis
for claim as a proposed joint venture [ref. 2(i) & (ii) above] (furnish
copy of following). |
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(a) Memorandum of Understanding; or |
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(b) Letter of Intent; or |
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(c) Articles of Association etc.; or |
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(d) Any other document. |
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4. |
Details
of proposed joint venture |
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(i) Full name |
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(ii) Complete address |
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(iii) Telephone number( with STD/ISD code) |
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(iv) Fax number (with STD/ISD code) |
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(v) E-mail address |
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(vi) Postal address( to be filled if different from (ii) above) |
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5. |
Details
of resident/non-resident party other than the applicant forming the Joint
Venture |
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(i) Full name |
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(ii) Complete address |
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(iii) Telephone number( with STD/ISD code) |
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(iv) Fax number (with STD/ISD code) |
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(v) E-mail address |
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(vi) Postal address( to be filled if different from (ii) above) |
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6. |
In case of a wholly owned Indian
Subsidiary Company furnish the following details:- |
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A. |
(i) Name of Foreign holding company |
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(ii) Complete address |
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(iii) Telephone number( with STD/ISD code) |
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(iv) Fax number (with STD/ISD code) |
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(v) E-mail address |
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(vi) Postal address( to be provided if different from (ii) above) |
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B. |
Percentage of Foreign holding in the Indian Subsidiary Company. |
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7. |
In
case of a joint venture [ref. 2(iv) above] |
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(i) The persons forming the joint venture/ constitution of joint venture. |
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(ii) Status of constituent persons, i.e. resident/non-resident. |
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(iii) Existing activities if any. |
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8. |
Nature
of activity proposed to be undertaken. |
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9. |
Present
status of activity. |
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10. |
Importer-Exporter
Code number of the applicant (if any). |
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11. |
Permanent Account Number (Income Tax) of
the applicant (if any). |
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12. |
Question
of Law or fact on which Advance Ruling required (Tick whichever is
applicable and provide details against ticked item):- |
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(i) classification of goods under the Customs Tariff Act, 1975; |
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(ii) 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; |
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(iii) the principles to be adopted for the purposes of determination of value of the goods under the provisions of the Customs Act,1962; |
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(iv) applicability of notification issued in respect of duties under the Customs Act,1962, the 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 leviable under the Customs Act; |
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(v) determination of Origin of goods in terms of the rules notified under the Customs Tariff Act, 1975 and matters relating thereto. |
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13. |
Statement
of relevant facts having a bearing on the question(s) raised. |
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14. |
Statement containing the applicant’s
interpretation of law and/or facts, as the case may be, in respect of the
aforesaid question(s) (i.e. applicant’s view point and submissions on
issues on which the advance ruling is sought). |
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15. |
Whether the question(s) raised is pending
in the applicant’s case before any officer of Customs, Appellate
Tribunal or any Court of Law? If so, provide relevant details. |
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16. |
Whether a similar matter as raised in the
question(s) by the applicant has already been decided by the Appellate
Tribunal or any Court? |
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17. |
Concerned Commissioner of Customs i.e.
from where import/export is proposed to be undertaken. |
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18. |
List of documents/statement attached,
(attach the list on a separate sheet, if necessary. |
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19. |
Particulars of demand draft enclosed with
the application |
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(Applicant’s
signature)
VERIFICATION
I, _____________________(name in full and in block letters), son/daughter/wife of ___________________ do hereby solemnly declare that to the best of my knowledge and belief information and statements furnished in above format and in the annexure(s) thereto including the documents enclosed are correct. I am making this application in my capacity as ___________________ (designation). I am competent to make and verify this application.
2. I also declare that the question (s) on which the advance ruling is sought is/are not pending in my case before any Customs Authority, Appellate Tribunal or any Court.
3. Verified this………….day………..of………….200 ……………at …………….
(Applicant’s signature)
ANNEXURE
I
Statement of relevant facts having a bearing on the question(s) on which advance ruling is required
Place ………………………..
Date …………………………
(Applicant’s signature)
ANNEXURE
II
Statement containing applicant's interpretation of law and/or facts, as the case may be, in respect of the questions(s) on which advance ruling is required
Place ………………………..
Date …………………………
(Applicant’s signature)
Notes:
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The
application must be filled in English or Hindi, in quadruplicate. |
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2. |
The
application must be accompanied by an account payee demand draft of Indian
Rupees two thousand five hundred drawn in favour of Authority for Advance
Rulings(Central Excise, Customs & Service Tax), payable at New Delhi.
Particulars of the draft should be entered in the column pertaining to
item number 19. |
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3. |
The
number and year of receipt of the application will be filled in by the
office of the Authority for Advance Rulings. |
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4. |
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. |
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5. |
In
reply to item number 2 the applicant must state its status i.e.
whether an individual, Hindu undivided family firm, company, firm
association of persons, wholly owned subsidiary, Joint Venture or any
other person. |
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For
item number 5, the reply must be given in the context of the provisions
regarding 'residence' in India, ‘non resident’, ‘Indian Company’,
and ‘Foreign Company’ as per the Income Tax Act, 1961(43 of 1961). |
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7. |
In
reply to item number 9, the applicant must state the present status
of the business activity in respect of which advance ruling has been
sought i.e. the stage to which it has progressed. |
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8. |
Regarding
item number 12, the question(s) should be based on the activity proposed
to be under taken; hypothetical questions will not be entertained. |
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9. |
In
respect of item number 13, the applicant must state in detail the relevant
facts and also disclose the nature of his activity and the likely date and
purpose of the proposed activity(s). Relevant facts reflected in document
submitted along with the application must be included in the statement of
facts and not merely incorporated by reference. |
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10. |
For
item number 14, the applicant must clearly state his interpretation of law
or facts in respect of the question(s) on which the advance ruling is
being sought. |
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11. |
The
application, the verification appended thereto, the Annexures to the
application and the statements and documents accompanying the Annexures 1
and 2 must be signed on each page by the applicant.” |
(Vijay Kaushik)
Under Secretary to the Government of India
[File number 275/55/2003-CX(Pt)-8A]
Note: The principal rules were published in the Gazette of India (Extraordinary), vide number G.S.R. 593(E) dated the 23rd August,2002 (notification number 55/2002 –Customs (NT) dated the 23rd August, 2002) and subsequently was amended vide G.S.R. 578(E) dated the 23rd July,2003 ( notification number 54/2003 –Customs (NT) dated the 23rd July, 2003).