Saawariya & Co.

55. Advance Ruling M. VAT ACT

CHAPTER IX

PROCEEDINGS

55. Advance Ruling

(1) Any registered dealer (…)may apply in the prescribed form and manner to the Tribunal for obtaining an advance ruling on the interpretation of any provision of this Act, rules or notifications in respect of a transaction proposed to be undertaken by him even though any question relating to the said provision has not arisen in any proceeding.

(2) If the Tribunal finds that the application does not involve any important and substantial question of law, then the Tribunal may, after giving the applicant a reasonable opportunity of being heard, reject the application.

(3) If the application is admitted, then for determination of the question, the President shall cause a Bench to be constituted, consisting of three (…) members of the Tribunal, a senior practitioner entitled to appear before the Tribunalto be nominated by the President and an Officer of the Sales Tax Department not below the rank of Joint Commissioner, to be nominated by the Commissioner. After hearing the applicant, the Bench shall pronounce its advance ruling on the question specified in the application. If the members of the Bench are divided, then the decision shall be the decision of the majority. The pronouncement of the advance ruling shall, in so far as it may be, made by the said Bench within four months of the receipt of the application by the Tribunal.

(4) The advance ruling so pronounced shall be binding unless there is a change of law on the basis of which the advance ruling has been pronounced and accordingly no such question shall be entertained in any proceeding by any authority appointed or constituted under this Act, save as provided in section 27. (…)

(5) The provisions of this section shall come into effect form such date as may be notified by the State Government in the Official Gazette.

Advance Ruling under this section shall not be sought on any question which can be posed under section 56.

Services