Section 23A
- Document type
- Other
- Dated
- Category
- CENTRAL EXCISE ACT, 1944
Definition
SECTION 23A
In this Chapter, unless the context otherwise requires, -
(a) "activity" means production or manufacturer of goods;
(b) "advance ruling" means the determination, by the authority of a question of law or fact specified in the application regarding the laibility to pay duty in relation to an activity proposed to be undertaken, by the applicant;
(c) "applicant" means-
(i) ( a) a non-resident setting up a joint venture in India in collaboration with a non-resident or a resident; or
(b) a resident setting up a joint venture in India in collaboration with a non-resident; or
(c) a wholly owned subsidiary Indian company, of which the holding company is a foreign company,
who or which, as the case may be, proposes to undertake any business activity in India;
(ii) a joint venture in India; or
(iii) 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,
and which or who, as the case may be, makes application for advance ruling under sub-section(1) of section 23C;
Explanation.—For the purposes of this clause, “joint venture in India” means a contractualarrangement whereby two or more persons undertake an economic activity which is subject to joint control and one or more of the participants or partners or equity holders is a non-resident having substantial interest in such arrangement;
(Above Explanation has been inserted vide Union Budget 2007 - 2008)
(Clause (c) has been substituted vide Finance Bill 2005-2006)
[OLD-
(c) "applicant" means–(i) a non-resident setting up a joint venture in India in collaboration with a non-resident or a resident; or
who proposes to undertake any business activity in India and makes application for advance ruling; ]
(ii) a resident setting up a joint venture in India in collaboration with a non-resident; or
(iii) a wholly owned subsidiary Indian company, of which the holding company is a foreign company
(Clause (c) has been substituted vide Finance Bill 2003)
[OLD -
(c) "applicant" means a non-resident setting up a joint venture in India in collaboration with a non resident or resident setting up a joint venture in India in collaboration with a non-resident, making application; ]
(d) "application" means an application made to the Authority under sub-section(1) of section 23C;
(e) “Authority” means the Authority for Advance Rulings, constituted under sub-section (1), orauthorised by the Central Government under sub-section (2A), of section 28F of the Customs Act, 1962.
(Above clause (e) has been substituted vide Union Budget 2009-2010 - Finance Bill)
[OLD-
(e) "Authority" means the "Authority for Advance Rulings (Central Excise, Customs and Service Tax)" * [OLD- Authority for Advance Rulings ] constituted under section 28F of the Customs Act,1962 (52 of 1962); ]
(* Bold words has been substituted vide Finance Bill 2005-2006)
(f) "non-resident", "Indian company" and "foreign company" shall have the meanings respectivelyassigned to them in clauses ( 30), ( 26) and ( 23A) of section 2 of the Income-tax Act, 1961.
(Clause (f) has been substituted vide Finance Bill 2003)
[OLD -
(f) "non-resident" shall have the meaning assigned to it in clause (30) of section 2 of the Income-tax, 1961 (43 of 1961)]