Section 28K: Advance ruling to be void in certain circumstances.
The Customs Act, 1962Central Act · Act 52 of 1962
(1) Where the Authority finds, on a representation made to it by the [Principal Commissioner of Customs or Commissioner of Customs] or otherwise, that an advance ruling pronounced by it under sub-section (6) of section 28-I has been obtained by the applicant by fraud or misrepresentation of facts, it may, by order, declare such ruling to be void ab initio and thereupon all the provisions of this Act shall apply *** to the applicant as if such advance ruling had never been made.
[Provided that in computing the period of two years referred to in clause (a) of sub-section (1) of section 28, or five years referred to in sub-section (4) thereof, for service of notice for recovery of any duty not levied, short-levied, not paid or short-paid on account of the advance ruling, the period beginning with the date of such advance ruling and ending with the date of the order under this sub-section shall be excluded.]
(2) A copy of the order made under sub-section (1) shall be sent to the applicant and the [Principal Commissioner of Customs or Commissioner of Customs].
Advance ruling to be void in certain circumstances.
Jurisdiction
Central
Status
In force as published by the source
How this provision has been amended
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
substituted, Act 25 of 2014. . Subs. by Act 25 of 2014, s. 78, for "Commissioner of Customs" (w.e.f. 6-8-2014).
omitted, Act 13 of 2018. . The brackets and words "(after excluding the period beginning with the date of such advance ruling and ending with the date of order under this sub-section)" omitted by Act 13 of 2018, s. 69 (w.e.f. 28-3-2018).
inserted, Act 13 of 2018. . The proviso ins. by Act 13 of 2018, s. 69 (w.e.f. 28-3-2018).
substituted, Act 25 of 2014. . Subs. by Act 25 of 2014, s. 78, for "Commissioner of Customs" (w.e.f. 6-8-2014).
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