TMI BlogAdvance RulingsX X X X Extracts X X X X X X X X Extracts X X X X ..... which the holding company is a foreign company, who or which, as the case may be, proposes to undertake any business activity in India; (ii) a joint venture in India; or (iii) 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, and which or who, as the case may be, makes application for advance ruling under subsection (1) of section 96C ; By Notification no. 27/2009-ST, dated 20-8-2009 , Government of India has specified a public sector company for this purpose. Further vide Notification no. 4/2013-ST dated 1-3-2013 a resident public company limited company also included in list of advance ruling. Also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reign company have the meanings respectively assigned to them in clauses (30), (26) and (23A) of section 2 of the Income-tax Act, 1961 ; Application for advance ruling - Section 96C(1), (3) (4) Form of Application An applicant desirous of obtaining an advance ruling under this Chapter may make an application in Form AAR (ST) - Rule 3 of the Service Tax (Advance Ruling) Rules, 2003 Signature and Verification The application shall be signed and verified by the competent person prescribed in the rule 3 . Number of copies The application shall be made in quadruplicate. Fees The application shall be accompanied by a fee of ₹ 2500 /- (two thousand five hundred rupees.) Withdrawal of applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Finance Act, 2006 . Before such insertion the Authority was not having power to decide the issue of taxability of a service. Refer - Google online India (P) Ltd. (GIPL) reported in 2006 -TMI - 296 - Authority for Advance Ruling, New Delhi. In its decision the authority has observed that they are empowered to determine the classification of a service and a question as to whether a service provided by an applicant is a taxable service or not, cannot be subject matter of advance ruling under section 96(C)(2) . Now, this restriction has been removed and authority can decide the issue of taxability also. Further, the authority can accept the matter specified in the clauses (a) to (f) above. In these clauses there is no reference to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order, either allow or reject the application: Where the application is rejected, reasons for such rejection shall be given in the order. However no application shall be rejected under this sub-section unless an opportunity has been given to the applicant of being heard: Cases where application shall be rejected compulsorily (a) where the case is already pending in the applicant's case before any Central Excise Officer, the Appellate Tribunal or any Court; (b) where the case is the same as in a matter already decided by the Appellate Tribunal or any Court: Order of the Authority A copy of every order made shall be sent to the applicant and to the Principal Commissioner of Central Excise or Commissioner of Central E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) on the Principal Commissioner of Central Excise or Commissioner of Central Excise, and the Central Excise authorities subordinate to him, in respect of the applicant. Further, the advance ruling shall be binding as aforesaid unless there is a change in law or facts on the basis of which the advance ruling has been pronounced. Advance ruling to be void in certain circumstances - 96F Where the Authority finds, on a representation made to it by the Principal Commissioner of Central Excise or Commissioner of Central Excise or otherwise, that an advance ruling pronounced by it under sub-section ( 4) of section 96D has been obtained by the applicant by fraud or misrepresentation of facts, it may, by order, declare such ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Gazette, make rules for carrying out the provisions of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the form and manner for making application under sub-section (1) of section 96C ; (b) the manner of certifying a copy of advanced ruling pronounced by the Authority under sub-section (7) of section 96D; (c) any other matter which, by this Chapter, is to be or may be prescribed. (3) Every rule made under this Chapter shall be laid, as soon as may be, after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
