Sec 103- Applicability of advance ruling

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Sec 103- Applicability of advance ruling 2017-04-14T02:17:58+00:00

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    #1049 |

    (1) The advance ruling pronounced by the Authority or the Appellate Authority under this Chapter shall be binding only-
    (a) on the applicant who had sought it  in respect of any matter referred to in sub-section (2) of section 97 for advance ruling;
    (b) on the concerned officer or the jurisdictional officer in respect of the applicant.

    (2) The advance ruling referred to in sub-section (1) shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed.

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    103.1    Introduction
    It states the binding effect of an advance ruling.
    103.2    Analysis
    (i)    The advance ruling pronounced by the Authority under this chapter shall be binding only on the applicant and on the jurisdictional officer in respect of the applicant.
    (ii)    The advance ruling shall be binding on the said persons/authorities unless there is a change in law or facts or circumstances, on the basis of which the advance ruling has been pronounced. When any change occurs in such laws, facts or circumstances, the advance ruling shall no longer remain binding on such person.
    103.3 Comparative review
    The provision is similar to the Advance Rulings provisions in current Central Indirect Tax laws as contained in section 23E of Central Excise Act, section 28J of Customs Act and section 96E of the Finance Act, 1994. 103.4 Related Provisions
    Section / Rule / Form      Description     Remarks
    Section 97     Applicability of advance ruling      This Section sets out the questions on which ruling can be sought.
    103.5 FAQs
    Q1. Is the advance ruling binding on other assessees?
    Ans. No. Advance ruling is binding only on the assessee who as an applicant has sought advance ruling in relation to any of the matters specified in subsection (2) of section 97.
    Q2. Are the tax authorities bound by the advance ruling?
    Ans. Only the jurisdictional officer/concerned officer, in respect of applicant who has sought advance ruling is bound by such rulings pronounced.

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