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CS Executive · Tax Laws and Practice · Overview of Customs Act

Under the definitions for advance rulings in the Customs Act, 1962, which person qualifies as an 'applicant'?

An applicant includes a person holding a valid Importer-exporter Code Number under the Foreign Trade (Development and Regulation) Act, 1992 who applies for an advance ruling. A person exporting goods to India or one with justifiable cause accepted by the Authority also qualifies.

  1. AAny person who holds a valid Importer-exporter Code Number granted under the Foreign Trade (Development and Regulation) Act, 1992 and makes an application under section 28HCorrect
  2. BOnly a person who has already imported the goods in question
  3. COnly an officer of customs seeking clarification of classification
  4. DOnly the Chairman of the Settlement Commission

Explanation

Section 28E(c) defines an applicant as a person holding a valid Importer-exporter Code Number, or exporting goods to India, or having justifiable cause to the Authority's satisfaction, who applies under section 28H. The ruling is sought on goods prior to importation or exportation, so a past import is not required.

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