Introduction Provisions of the Finance Act, 1944 on Advance Rulings Service Tax (Advance Rulings) Rules, 2003 Application Form Index

INTRODUCTION

Advance rulings would assure non-resident investors of  their Service tax liability on the taxable services  proposed to be provided by them in India.

2.

The  scheme   of   Advance    Rulings   allows   a   non-resident  investor  setting up a joint venture in India in collaboration with a non-resident  or a resident, or a resident  setting up a joint venture in India in collaboration with a non-resident,  to seek in advance, a ruling from the Authority for Advance Rulings.  A wholly owned subsidiary Indian company, of which the holding company is a foreign company, can also seek such  rulings. The rulings can be sought in respect of -

(a) Classification of taxable services under Chapter V of the Finance Act, 1994 (Service Tax);
  (b) Valuation of taxable services for charging Service Tax under the Finance Act, 1994;
  (c) Applicability of notifications issued under Chapter V of Finance Act 1994.
  (d) Admissibility of credit of Service Tax under Chapter V of the Finance Act, 1994. 
3.

Relevant  provisions  relating  to  Advance  Rulings  in  Service  tax law  are incorporated in Chapter VA of the Finance Act,1994  (as amended by Finance Act, 2003) and are reproduced below: