MVAT Act 55अध्याय IX · Proceedings

धारा 55 · Advance ruling

(1)

[On and from such date, as the State Government may, by notification in the Official Gazette, specify, any registered dealer] [This portion was substituted by Maharashtra 14 of 2005 (w.e.f. 1-4-2005), Section 32(1)(a)] may apply in the prescribed form and manner, to the Tribunal for obtaining an advance ruling on the interpretation of any provision of this Act, rules or notifications[in respect of a transaction proposed to be undertaken by him,] [ These words were inserted by Maharashtra 14 of 2005 (w.e.f. 1-4-2005), Section 32(1)(b).] even though any question relating to the said provision has not arisen in any proceeding.

(2)

If the Tribunal finds that the application does not involve any important and substantial question of law, then the Tribunal may, after giving the applicant a reasonable opportunity of being heard, reject the application.

(3)

If the application is admitted, then for determination of the question, the President shall cause a Bench to be constituted, consisting of three [* * *] [These words were deleted by Maharashtra 14 of 2005 (w.e.f. 1-4-2005), Section 32(2)(a).] members of the Tribunal, a senior practitioner entitled to appear before the Tribunal [to be nominated by the President] [These words were inserted by Maharashtra 14 of 2005 (w.e.f. 1-4-2005), Section 32(1)(b).] and an Officer of the Sales Tax Department not below the rank of Joint Commissioner, to be nominated by the Commissioner. After hearing the applicant, the Bench shall pronounce its advance ruling on the question specified in the application. If the members of the Bench are divided, then the decision shall be the decision of the majority. The pronouncement of the advance ruling shall, in so far as it may be made by the said Bench within four months of the receipt of the application by the Tribunal.

(4)

The advance ruling so pronounced shall be binding unless there is a change of law on the basis of which the advance ruling has been pronounced and accordingly no such question shall be entertained in any proceeding by any authority appointed or constituted under this Act, save as provided in section 27. [* * *] [These words were deleted by Maharashtra 14 of 2005 (w.e.f. 1-4-2005), Section 32(2)(b).].

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