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Section 23A – The Central Excise Act, 1944

The Central Excise Act, 1944

 

 

23A. Definitions.

 

1[23A. Definitions.—In this Chapter, unless the context otherwise requires,—

 

(a) “activity” means production or manufacture of goods;

 

(b) “advance ruling” means the determination, by the authority of a question of law or fact specified in the application regarding the liability to pay duty in relation to an activity proposed to be undertaken, by the applicant;

 

2[(c) “applicant” means—

 

(i) (a) a non-resident setting up a joint venture in India in collaboration with a non-resident or a resident; or

 

(b) a resident setting up a joint venture in India in collaboration with a non-resident; or

 

(c) a wholly owned subsidiary Indian company, of which the holding company is a foreign company,

 

who or which, as the case may be, proposes to undertake any business activity in india:

 

(ii) a joint venture in India; or

 

(iii) a resident falling within any such class or category of persons, as the Central Government may, by notification in the Official Gazette, specify in this behalf,

 

and which or who, as the case may be, makes application for advance ruling under sub-section (1) of section 23C;]

 

3[Explanation.—For the purposes of this clause, “joint venture in India” means a contractual arrangement whereby two or more persons undertake an economic activity which is subject to joint control and one or more of the participants or partners or equity holders is a non-resident having substantial interest in such arrangement;]

 

(d) “application” means an application made to the Authority under sub-section (1) of section 23C;

 

(e) “Authority” means the 4[Authority for Advance Rulings (Central Excise, Customs and Service Tax)] constituted under section 28F of the Customs Act, 1962 (52 of 1962);

 

5[(f) “non-resident”, “Indian company” and “foreign company” shall have the meanings respectively assigned to them in clauses (30), (26) and (23A) of section 2 of the Income-tax Act, 1961 (43 of 1961).]]

 

———-

1. Chapter IIIA (containing sections 23A to 23H) ins. by Act 27 of 1999, sec. 124 (w.e.f.11-5-1999).

 

2. Subs. by Act 18 of 2005, sec. 76, for clause (c) (w.e.f. 13-5-2005).

 

3. Ins. by Act 22 of 2007, sec. 118 (w.e.f. 11-5-2007).

 

4. Subs. by Act 18 of 2005, sec. 76, for “Authority for Advance Ruling” (w.e.f. 13-5-2005).

 

5.Subs. by Act 32 of 2003, sec. 142, for clause (f) (w.e.f. 14-5-2003).

 

 

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The Central Excise Act, 1944

 

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