Procedure on receipt of application.

28I. (1)  On receipt of an application, the Authority shall cause a copy thereof to be forwarded to the ¹[Principal Commissioner of Customs or Commissioner of Customs] and, if necessary, call upon him to furnish the relevant records : 

Provided that where any records have been called for by the Authority in any case, such records shall, as soon as possible, be returned to the ^2[Principal Commissioner of Customs or Commissioner of Customs].

(2) The Authority may, after examining the application and the records called for, by order, either allow or reject the application :

Provided that the Authority shall not allow the application ³[***] where the question raised in the application is-

(a) already pending in the applicant's case before any officer of customs, the Appellate Tribunal or any Court;

(b) the same as in a matter already decided by the Appellate Tribunal or any Court :

Provided further that no application shall be rejected under this sub-section unless an opportunity has been given to the applicant of being heard:

Provided also that where the application is rejected, reasons for such rejection shall be given in the order.

(3) A copy of every order made under sub-section (2) shall be sent to the applicant and to the ²[Principal Commissioner of Customs or Commissioner of Customs].

(4) Where an application is allowed under sub-section (2), the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the Authority, pronounce its advance ruling on the question specified in the application.

(5) On a request received from the applicant, the Authority shall, before pronouncing its advance ruling, provide an opportunity to the applicant of being heard, either in person or through a duly authorised representative.

Explanation. - For the purposes of this sub-section, "authorised representative" shall have the meaning assigned to it in sub-section (2) of section 146A.

(6) The Authority shall pronounce its advance ruling in writing within ⁴[three months] of the receipt of application.

(7) A copy of the advance ruling pronounced by the Authority, duly signed ⁵[by the Members] and certified in the prescribed manner shall be sent to the applicant and to the ²[Principal Commissioner of Customs or Commissioner of Customs], as soon as may be, after such pronouncement.

Notes-

1. Substituted (w.e.f. 6-8-2014) by section 78 of Act 25 of 2014, for “Commissioner of Customs”.

2. Substituted (w.e.f. 6-8-2014) by section 78 of Act 25 of 2014, for “Commissioner of Customs”.

3. The words “except in the case of a resident applicant” omitted (w.e.f. 11-5-2002) by section 122 of Act 20 of 2002.

4. Substituted by Finance Act, 2018 (13 of 2018), section 68( w.e.f. 29.03.2018) for “six months”. Earlier this was substituted by section 97 of the Finance Act, 2017, for “ninety days”.

5. Omitted by Finance Act, 2022 Dated 01.04.2022