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Indian Service Tax

Service Tax (Advance Rulings) RULES, 2003

[Notification No. 17/2003-ST, Dated 23/7/2003]

In exercise of the powers conferred by Section 96-1 read with sub-sections (1) and (3) of Section 96C, sub-section (7) of Section 96D of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules, namely:-

1. Short title, extent and commencement

(1) These rules may be called the Service Tax (Advance Rulings) Rules, 2003.

(2) They extend to the whole of India, except the State of Jammu and Kashmir.

(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 -

• Act "means the Finance Act, 1994 (32 of 1994)

• Authority "means the Authority for Advance Rulings constituted under Section 28F of the Customs Act, 1962 (52 of 1962)

• Form-Application for Advance Ruling (Service Tax)" means the form annexed to these rules

• 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

(1) An application for obtaining an advance ruling under sub-section (1) of Section 96C of the Act shall be made in Form - Application for Advance Ruling (Service Tax).

(2) The application referred to insub-rule (1), the verification contained therein and all relevant documents accompanying such application shall be signed -

• in the case of an individual, by the individual himself, or where 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 mental,ly incapacitated from attending to . his affairs, by his guardian or by any other person competent to act on his behalf

• in the.. case of a Hindu undivided family, by the karta of that family and, where the karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of that family

• 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;

• in the case of a firm, by any partner thereof, not being a minor;

• in the case of an association, by any member of the association or the principal officer thereof;

• 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 96D of the Act, shall be certified to be true copy of its original by the Commissioner, Authority for Advance Rulings, or any other officer duly authorized by the Commissioner, Authority for Advance Rulings, as the case may be.

"Form AAR(ST) [Application for Advance Ruling (Service Tax)] [See Rule 3 of the Service Tax (Advance Rulings) Rules, 2003] Before the Authority for Advanced Rulings (Customs, Central Excise and Service Tax) New Delhi

Form of application for seeking Advance Ruling under Section 96C of the Finance Act, 1994 Application No.____________________________ of_______________________ Full name and address along with telephone Number, Fax number and e-mail address of the applicant   Names, addresses, telephone number, fax number and e-mail address of the resident(s)/ non-resident(s) setting up the joint venture or of the wholly owned Indian subsidiary of a foreign holding company, proposing to undertake any business activity   Status of the applicant   Service Tax registration number of the applicant (if any)   Permanent Account Number of the applicant (if any)   Nature and status of the business activity proposed to be undertaken by the applicant   Basis of claim that the person referred to at serial number 1, is an applicant as defined under clause (b)of Section 96A of the Finance Act, 1994 (32 of 1994)   Question(s) of law and/or fact relating to a business activity proposed to be undertaken on which the advance ruling is required   Statement of any relevant facts having abearing on the aforesaid question(s)   Statement containing the applicant's interpretation of law and/or facts, as the case may be, in respect of the aforesaid question(s)   Commissioner of Central Excise having jurisdiction in respect of the question  referred at serial number eight above (if any)   List of documents/statements attached   Particulars of account payee demand draft accompanying the application     (Applicant's 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 the 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 any case before any Central Excise Authority, Appellate Tribunal or any Court.

3. Verified this ______________________ day of____________________ 200______________________ at__________Applicant's signature)

Annexure I

Statement of the relevant facts having a bearing on the question(s) on which the advance ruling is required

Annexure II

Statement containing the applicant's interpretation of law and/or facts, as the case may be, in respect of the question(s) on which advance ruling is required

Place ____________________ Date_____________________ (Applicant's 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 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 13.

3. The number and year of receipt of the application will be filled in 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 3, the applicant must state its status, i.e. whether the applicant is an individual, Hindu undivided family, firm, company, association of persons or any other person.

6. In reply to item number 6, the applicant must also state the status of the business activity proposed to be undertaken, i.e. the stage to which it has progressed.

7. For item number 7, 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 provisions of the Income-tax Act, 1961 (43 of 1961).

8. Regarding item number 8, the question(s) should be based on the activity proposed to be undertaken, hypothetical questions will not be enter­ tained. .

9.In respect of item number 9, 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(ies). Relevant facts reflected in documept submitted along with the application must be included in the statement of facts and not merely incorporated by reference.

10. For item number 10, 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."