23rd August, 2002
Notification No. 28/2002 - Central Excise (N.T.)
In exercise of the powers conferred by Section 37 read with sub-sections (1) and (3) of section 23C, sub-section (7) of section 23D of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules, namely: -
1. Short title, extent and commencement. - (1) These rules may be called the Central Excise (Advance Rulings) Rules, 2002.
(2) They extend to the whole of India.
(3) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - In these rules, unless the context otherwise requires,
(a) "Act" means the Central Excise Act, 1944 (1 of 1944);
(b) "Authority" means the Authority for Advance Rulings constituted under section 28F of the Customs Act, 1962 (52 of 1962).
(c) "Form-Application for Advance Rulings (Central Excise)" means the form appended to these rules.
(d) Words and expressions used and not defined herein but defined in the Act shall have the meanings respectively, assigned to them in the Act.
3. Form and manner of application. - ( l ) An application for obtainig an advance ruling under sub-section (1) of section 23(: of the Act shall be made in Form - Application for Advance Rulings (Central Excise).
(2) The application referred to in sub-rule (1), the verification contained therein and all relevant documents accompanying such application shall be signed, -
(a) in the case of an individual, by the individual himself; or the individual is absent from India, by the individual concerned or by some person duly authorized by him in this behalf; and where the individual is a minor or is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf;
(b) in the case of a Hindu undivided family, by the Karta of that family and, where the Karta is absent from India or is mentallv incapacitated from attending to his affairs, by any other adult member of that family;
(c) in the case of a company or local authority, by the Principal officer thereof authorized by the company or the local authority, as the case may be, for such purpose;
(d) in the case of a firm, by any partner thereof, not being a minor;
(e) in the case of an association, by any member of the association or the principal officer thereof; and
(f) in the case of any other person, by that person or some person competent to act on his behalf.
(3) Every application shall be filed in quadruplicate and shall be accompanied by a fee of two thousand five hundred rupees.
4. Certification of copies of the advance rulings pronounced by the Authority.- A copy of the advance ruling pronounced by the Authority for advance Rulings and duly signed by the Members to be sent to each of the applicant and to the Commissioner of Central excise, under sub-section (7) of section 23D of the Act, shall be certified to be true copy of its original by the Commissioner, Authority for Advance Rulings, or any others officer duly authorized by the Commissioner, Authority, for advance Rulings, as the case may be.
(Form of application for seeking Advance Ruling under Section 23C 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-resident(s), set-ting 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 Excise Rules (if any).
5. Permanent Account Number (s) of the joint venture party (S) mentioned at serial number 2(if any).
6. Basis of claim that the persons(s) referred to at serial number 2, as the case may be, are non-resident (s) (wherever applicable).
7. Question (s) of law and / or fact relating to an activity proposed to be undertaken on which the advance ruling is required.
8. statement of any relevant facts having a bearing on the aforesaid question (s).
9. Statement containing the applicant's interpretation of law and / or facts, as the case may be, in respect of the aforesaid question(s).
10. Commissioner of Central Excise having jurisdiction in respect of the question referred at serial number seven above (if any).
11. List of documents or statements attached.
12. Particulars of account payee demand draft accompanying the application.
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 what is stated above and in the annexure(s), including the documents are correct. I am making this application in my capacity 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 sough is / are not pending in any case before any central excise authority, Appellate Tribunal or any Court.
3. verified this ----------------------------day ---------of ------------200--------------at
Statement of the relevant facts having a bearing on the question(s) on which the advance ruling is required
Statement containing the applicant's interpretation of law and / or facts, as the case may be, in respect of the questions (s) on which advance ruling is the case may be, in respect of the questions (s) on which advance ruling is required
1. The application must be filled in English or Hindi in quadruplicate.
2. The application must be accompanied by an account payee demand draft of Rupees two thousand five hundred drawn in favour of Authority for Advance Rulings, payable- 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, an Association of Persons, etc.
4. The number and year of receipt of the applicaion 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 to 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 firm, company, firm association of persons or any other person. 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 undertaken, Hypothetical questions will not be entertained.
9. In respect of item number 8, 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.
10. For item number 9, 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.
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.
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