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Forms
FORM- AAR (CUS-I)
[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)
NEW DELHI
(Form of application for seeking Advance Ruling
under section 28H
of the Customs Act, 1962)
Application No.of.
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.
(i) a non-resident
setting up a joint venture in India in collaboration with,-
ii.
(a) a non-resident; or
iii.
(b) with a
resident; |
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iv.
(ii) a resident
setting up a joint venture in India in collaboration with a
non-resident; |
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v.
(iii) a wholly owned
subsidiary Indian company, of which the holding company is a foreign
company; |
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vi.
(iv) a joint venture
in India;
vii.
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viii.
(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 Republic of Singapore under Comprehensive
Economic Cooperation Agreement (CECA) dated 29.06.2005.
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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) |
: |
|
(iv) Fax
number (with STD/ISD code) |
: |
|
(v) E-mail
address |
: |
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(vi) Postal
address( to be filled if different from (ii) above) |
: |
|
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) |
: |
|
(iv) Fax
number (with STD/ISD code) |
: |
|
(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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: |
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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 applicants
interpretation of law and/or facts, as the case may be, in respect of
the aforesaid question(s) (i.e. applicants 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 applicants 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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(Applicants 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 .
(Applicants signature)
ANNEXURE I
Statement of relevant facts having a bearing on the question(s) on which
advance ruling is required
Place ..
Date
(Applicants 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
(Applicants signature)
Notes:
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 Indian Rupees ten thousand
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. |
3. |
The number and year of receipt of the
application will be filled in by the office of the Authority for Advance
Rulings. |
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. |
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. |
6. |
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). |
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. |
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. |
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. |
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. |
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. |
FORM-
AAR (CE-I)
[Application for Advance Ruling (Central Excise)]
(See rule 3 of the Central
Excise (Advance Rulings) Rules, 2002)
BEFORE THE AUTHORITY FOR
ADVANCE RULINGS
(CENTRAL EXCISE, CUSTOMS AND
SERVICE TAX)
NEW DELHI
(Form of application for
seeking Advance Ruling under section 23C of the Central Excise
Act,1944)
Application No.of.
1. |
Details of Applicant |
|
|
(i)
Full name |
|
(ii)
Complete address |
|
(iii)
Telephone number( with STD/ISD code) |
|
(iv)
Fax number (with STD/ISD code) |
|
(v)
E-mail address |
|
(vi)
Postal address ( to be provided if different from (ii) above)
|
|
2. |
Status of the
Applicant(Tick whichever is applicable) |
|
i. |
(i) a non-resident setting up a joint venture in
India in collaboration
with,- |
|
ii. |
(a)
a non-resident; or |
|
iii. |
(b)
with a resident;
|
|
iv.
| (ii)
a resident setting up a joint venture in
India
in collaboration with a non-resident; |
|
v.
|
(iii)
a wholly owned subsidiary Indian company, of which the holding company
is a foreign company; |
|
vi.
|
(iv)
a joint venture in India;
|
|
|
viii.
(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). |
|
3. |
Basis for claim as a
proposed joint venture
[ref. 2(i) & (ii) above] (furnish copy of following).
|
|
|
(a)
Memorandum of Understanding; or
|
|
|
(b)
Letter of Intent; or |
|
|
(c)
Articles of Association etc.; or |
|
|
(d)
Any other document. |
|
4. |
Details of proposed
joint venture
|
|
|
(i)
Full name |
|
|
(ii)
Complete address |
|
|
(iii)
Telephone number( with STD/ISD code) |
|
|
(iv)
Fax number (with STD/ISD code) |
|
|
(v)
E-mail address |
|
|
(vi)
Postal address( to be filled if different from (ii) above) |
|
5. |
Details of
resident/non-resident party other than the applicant forming the Joint
Venture |
|
|
(i)
Full name |
|
|
(ii)
Complete address
|
|
|
(iii)
Telephone number( with STD/ISD code)
|
|
|
(iv)
Fax number (with STD/ISD code)
|
|
|
(v)
E-mail address
|
|
|
(vi)
Postal address( to be filled if different from (ii) above)
|
|
6. |
In case of a wholly
owned Indian Subsidiary Company furnish the following details:-
|
|
A. |
(i)
Name of Foreign holding company |
|
(ii)
Complete address |
|
(iii)
Telephone number( with STD/ISD code) |
|
(iv)
Fax number (with STD/ISD code) |
|
(v)
E-mail address |
|
(vi)
Postal address ( to be provided if different from (ii) above)
|
|
B. |
Percentage of Foreign holding in the Indian Subsidiary Company. |
|
7. |
In case of a joint
venture [ref. 2(iv) above] |
|
|
(i)
The persons forming the joint venture/ constitution of joint venture. |
|
|
(ii)
Status of constituent persons, i.e. resident/non-resident. |
|
|
(iii)
Existing activities if any. |
|
8. |
Nature of activity
proposed to be undertaken. |
|
9. |
Present status of
activity.
|
|
10. |
Registration number of
the applicant as mentioned at serial number 1 under rule 9 of the
Central Excise Rules, 2002 (if any). |
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11. |
Permanent Account
Number (Income Tax) of the applicant (if any). |
|
12. |
Question of Law or fact
on which Advance Ruling required (Tick whichever is applicable and
provide details against ticked item):- |
|
|
(i) classification of goods under the Central Excise
Tariff Act, 1985( 5 of 1986); |
|
|
(ii) applicability of a notification issued
under sub-section (1) of section 5A of the Central Excise Act,1944,
having a bearing on the rate of duty;
|
|
|
(iii) the principles to be adopted for the purposes of
determination of value of the goods under the provisions of this Act; |
|
|
(iv) notifications issued, in respect of duties of
excise under the Central Excise Act,1944, the Central Excise Tariff
Act, 1985 and any duty chargeable under any other law for the time being
in force in the same manner as duty of excise leviable under this Act; |
|
|
(v) admissibility of credit of excise duty paid or deemed
to have been paid on the goods in or in relation to the manufacture of
the excisable goods (CENVAT); |
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(vi) determination of liability to pay duties of excise
under this Act. |
|
13. |
Statement of relevant
facts having a bearing on the question(s) raised. |
|
14. |
Statement containing
the applicants interpretation of law and/or facts, as the case may be,
in respect of the aforesaid question(s) (i.e. applicants view point and
submissions on issues on which the advance ruling is sought). |
|
15. |
Whether the question(s)
raised is pending in the applicants case before any officer of Central
Excise, Appellate Tribunal or any Court of Law? If so, provide details. |
|
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? |
|
17. |
Concerned
Commissioner(s) of Central Excise having jurisdiction in respect of the
question referred at serial number 12. |
|
18. |
List of
documents/statement attached, (attach the list on a separate sheet, if
necessary. |
|
19. |
Particulars of account
payee demand draft enclosed with the application |
|
(Applicants
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 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
sought is/are not pending in my case before any Central Excise Authority,
Appellate Tribunal or any Court.
3.
Verified this.day..of.200 at .
(Applicants signature)
ANNEXURE I
Statement of the relevant facts having a bearing on the question(s) on which
the advance ruling is required
Place
..
Date
(Applicants signature)
ANNEXURE II
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
required
Place
..
Date
(Applicants signature)
Notes:
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 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. |
3. |
The number and year of receipt of the application will be
filled in by the office of the Authority for Advance Rulings. |
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. |
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. |
6. |
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). |
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. |
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. |
9. |
In respect of item number 13, the applicant must state in
detail the relevant facts and also disclose the nature of proposed
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 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. |
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. |
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