Procedure on receipt of application

Section 28I of the Customs Act, 1962 deals with procedure on receipt of application. On receipt of an application, the Authority shall cause a copy thereof to be forwarded to the [Principal Commissioner of Customs or Commissioner of Customs] and, if necessary, call upon him to furnish the relevant records: Provided that where any records have been called for by the Authority in any The Act came into force on 01 Feb 1963.

(1) On receipt of an application, the Authority shall cause a copy thereof to be forwarded to the ¹ [Principal Commissioner of Customs or Commissioner of Customs] and, if necessary, call upon him to furnish the relevant records:

Provided that where any records have been called for by the Authority in any case, such records shall, as soon as possible, be returned to the ¹ [Principal Commissioner of Customs or Commissioner of Customs].

(2) The Authority may, after examining the application and the records called for, by order, either allow or reject the application:

Provided that the Authority shall not allow the application ² *** where the question raised in the application is --

(a) already pending in the applicant's case before any officer of customs, the Appellate Tribunal or any Court;

(b) the same as in a matter already decided by the Appellate Tribunal or any Court:

Provided further that no application shall be rejected under this sub-section unless an opportunity has been given to the applicant of being heard:

Provided also that where the application is rejected, reasons for such rejection shall be given in the order.

(3) A copy of every order made under sub-section (2) shall be sent to the applicant and to the ³ [Principal Commissioner of Customs or Commissioner of Customs].

(4) Where an application is allowed under sub-section (2), the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the Authority, pronounce its advance ruling on the question specified in the application.

(5) On a request received from the applicant, the Authority shall, before pronouncing its advance ruling, provide an opportunity to the applicant of being heard, either in person or through a duly authorised representative.

Explanation.--For the purposes of this sub-section, authorised representative shall have the meaning assigned to it in sub-section (2) of section 146A.

(6) The Authority shall pronounce its advance ruling in writing within ⁴ [three months] of the receipt of application.

(7) A copy of the advance ruling pronounced by the Authority, duly signed ⁵*** and certified in the prescribed manner shall be sent to the applicant and to the ³ [Principal Commissioner of Customs or Commissioner of Customs], as soon as may be, after such pronouncement.

Section 28I, The Customs Act, 1962 (Act 52 of 1962).