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Case of Authority for Advance Rulings, January 04, 2007 (case Chemmanur Gold Refinery (P) Limited Vs Commissioner of Customs)

Judgment Cited in Precedent Map Related
Vincent
PresidentSyed Shah Mohammed Quadri, J. (Chairman)
Resolution DateJanuary 04, 2007

Order:

Syed Shah Mohammed Quadri, J. (Chairman)

  1. The applicant filed this application under Section 28H of the Customs Act, 1962 (for short "the Act") praying this Authority to pronounce advance rulings on the following questions:

    1. Whether we are permitted to import gold scrap in various forms like dust, ingots etc. directly from a foreign supplier

    2. Whether we have to import this gold through a public sector canalizing agency like MM TC, instead of directly importing it by us

    3. We would like to know the rate of customs duty applicable for importing such gold scrap for refining purposes.

  2. On examination of the application, it was found that the same does not satisfy requirements of the Act. Therefore, a show cause notice was issued calling upon the applicant to explain as to why the application should not be rejected on the following grounds:

  3. The application has been examined by the Authority in terms of Section 281 (2) of the Act. The Authority is tentatively of the view that the said application is liable to be rejected on the following two grounds:

    (a) It is not clear from the application and the papers / documents submitted therewith that there is an intention to set up a joint venture with a non-resident in terms of Section 28E (c) (b) of the Act;

    (ii) the questions as raised at serial No. 8 of the application along with clarifications furnished thereon vide applicant's letters dated 21.09.2006 and 30.11.2006 for seeking an advance ruling, do not appear to be covered by any of the clauses of Section 28H (2) of the Customs Act, 1962.

  4. In response to the said notice, the...

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