In this Chapter, unless the context otherwise requires,— 3 * * * * * 4 [(b) ―advance ruling‖ means a written decision on any of the questions referred to in section 28H raised by the applicant in his application in respect of any goods prior to its importation or exportation;]
5 [(ba) ―Appellate Authority‖ means the Authority for Advance Rulings constituted under section 245-O of the Income-tax Act, 1961 (43 of 1961;]
6 [(c) ―applicant‖ means any person,—
(i) holding a valid Importer-exporter Code Number granted under section 7 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992); or
(ii) exporting any goods to India; or
(iii) with a justifiable cause to the satisfaction of the Authority, who makes an application for advance ruling under section 28H;]
7 [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
1. Ins. by Act 40 of 1991, s. 13 (w.e.f. 20-9-1991).
2. Ins. by Act 27 of 1999, s. 103 (w.e.f. 11-5-1999).
3. Clause (a) omitted by Act 13 of 2018, s. 64 (w.e.f. 28-3-2018).
4. Subs. by s. 64, ibid., for clause (b) (w.e.f. 28-3-2018).
5. Ins. by s. 64, ibid. (w.e.f. 28-3-2018).
6. Subs. by s. 64, ibid., for clause (c) (w.e.f. 28-3-2018).
7. Ins. by Act 22 of 2007, s. 97 (w.e.f. 11-5-2007).
41 control and one or more of the participants or partners or equity holders is a non-resident having substantial interest in such arrangement.]
(d) ‖application‖ means an application made to the Authority under sub-section (1) of section 28H;
1 [(e) ‖Authority‖ means the Customs Authority for Advance Rulings appointed under section 28EA;]
(f) ‖Chairperson‖ means the Chairperson of the 2 [Appellate Authority];
(g) ―Member‖ means a Member of the 2 [Appellate Authority] and includes the Chairperson; and 3 [(h) 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 (43 of 1961).]
4 [28EA. Customs Authority for Advance Rulings.—(1) The Board may, for the purposes of giving advance rulings under this Act, by notification, appoint an officer of the rank of Principal Commissioner of Customs or Commissioner of Customs to function as a Customs Authority for Advance Rulings:
Provided that till the date of appointment of the Customs Authority for Advance Rulings, the existing Authority for Advance Rulings constituted under section 245-O of the Income-tax Act, 1961 (43 of 1961) shall continue to be the Authority for giving advance rulings for the purposes of this Act.
(2) The offices of the Authority may be established in New Delhi and at such other places, as the Board may deem fit.
(3) Subject to the provisions of this Act, the Authority shall exercise the powers and authority conferred on it by or under this Act.]
5 [28F. Authority for advance rulings.—(1) Subject to the provisions of this Act, the Authority for Advance Rulings constituted under section 245-O of the Income-tax Act, 1961 (43 of 1961) shall be 6 [the 6 [the Appellate Authority for deciding appeal under this Chapter and the said Appellate Authority] shall exercise the jurisdiction, powers and authority conferred on it by or under this Act:
Provided that the Member from the Indian Revenue Service (Customs and Central Excise), who is qualified to be a Member of the Board, shall be the revenue Member of the 7 [Appellate Authority] for the purposes of this Act.
(2) On and from the date on which the Finance Bill, 2017 receives the assent of the President, every application and proceeding pending before the erstwhile Authority for Advance Rulings (Central Excise, Customs and Service Tax) shall stand transferred to the Authority from the stage at which such application or proceeding stood as on the date of such assent.]
8 [(3) On and from the date of appointment of the Customs Authority for Advance Rulings, every application and proceeding pending before the erstwhile Authority for Advance Rulings shall stand transferred to the Authority from the stage at which such application or proceeding stood as on the date of such appointment.]
1. Subs. by Act 13 of 2018, s. 64, for clause (e) (w.e.f. 28-3-2018).
2. Subs. by s. 64, ibid., for ―Authority‖ (w.e.f. 28-3-2018).
3. Subs. by Act 32 of 2003, s. 110, for clause (h) (w.e.f. 14-5-2003).
4. Ins. by Act 13 of 2018, s. 65 (w.e.f. 28-3-2018).
5. Subs. by Act 7 of 2017, s. 94, for section 28F (w.e.f. 31-3-2017).
6. Subs. by Act 13 of 2018, s. 66, for ―the Authority for giving advance rulings for the purposes of this Act and the said Authority‖ (w.e.f. 28-3-2018).
7. Subs. by s. 66, ibid., for ―Authority‖ (w.e.f. 28-3-2018).
8. Ins. by s. 66, ibid (w.e.f. 28-3-2018).
42
28G. [Vacancies, etc., not to invalidate proceedings.]Omitted by the Finance Act, (7 of 2017), s. 95 (w.e.f. 31-3-2017).