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Central Excise Act, 1944
CHAPTER IIIA -Advance Rulings

23A. Definitions

In this Act, unless there is anything repugnant in the subject or context,-

23A(a). "Activity"

In this Chapter, unless the context otherwise requires, -

(a). "Activity" means production or manufacture of goods and includes any new business of production or manufacture proposed to be undertaken by the existing producer or manufacturer, as the case may be;

23A(b). "Advance ruling"

In this Chapter, unless the context otherwise requires, -

(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;

23A(c). "applicant"

In this Chapter, unless the context otherwise requires, -

(c). "applicant" means -

    (i) (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 OfficialGazette, 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;

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.

23A(d). "Application"

In this Chapter, unless the context otherwise requires, -

(d). "Application" means an application made to the Authority under sub-section (1) of section 23C;

23A(e). "Authority"

In this Chapter, unless the context otherwise requires, -

(e). "Authority" means the Authority for Advance Rulings as defined in clause (e) of section 28E of the Customs Act, 1962 (52 of 1962).

23A(f). "Non-resident", "Indian company" and "foreign company"

In this Chapter, unless the context otherwise requires, -

(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).