Section 23   [ View Judgements ]

Declaration of advance ruling to be void in certain circumstances


(1) Where it is brought to the notice of the Authority on a representation made by the Commissioner or otherwise that an advance ruling pronounced by it has been obtained by the applicant by fraud or misrepresentation of facts, the matter shall be examined by the Authority and any such representation shall be supported by. an affidavit duly attested and accompanied with attested copies of documents relied upon.



(2) If the Authority after examining the representation is prima facie of the view that the advance ruling appears to have been obtained by the applicant by fraud or misrepresentation of facts, the applicant shall be given a notice to explain as to why the ruling should not be declared void ab initio under sub-section (1) of section 28K of the Customs Act or sub-section (1) of section 23F of the Central Excise Act or sub ection (1) of section 96F of the Service Tax Provisions, as the case may



(3) Such notice to the applicant shall be in writing-



(a) Informing him of the grounds on which it is proposed to declare the advance ruling as void ab initio;



(b) enclosing copies of the documents, if any, sought to be relied upon;



(c) giving an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds for declaring the advance ruling void ab initio; and



(d) giving a reasonable opportunity of being heard in person or through an authorized representative in. the matter.



(4) A copy of the notice with enclosures shall also be forwarded to the Commissioner for comments, if any, and a reasonable opportunity shall also be allowed to the Commissioner or his authorized representative of being heard before passing any order.



(5) Where the Authority finds that the advance ruling was obtained by the applicant by fraud or misrepresentation of facts, the same shall be declared void ab initio.

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