SURESH C. KANSARA Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) IN this application under Section 28H of Customs Act (in short "the Act") the applicant seeks an advance ruling of the Authority in respect of classification of certain items under Customs Tariff Act, 1975. The applicant is a partnership firm registered under the Partnership Act. It is engaged in refining of gold. They propose to import unrefined gold in the form of (i) gold dust (ii) gold nuggets (iii) dore bullion bars (iv) unrefined/impure gold scrap (v) gold ores and concentrates in loose or homogenously melted bar form (vi) alluvial gold dust having purity of not less than 750 fineness at their existing gold refinery located in Domestic Tariff Area in Ahmedabad. The applicant sought advance ruling of the authority on the following question:

(2.) IN as much as certain defects/deficiencies are pointed out by the Secretariat of the Authority, one of them being that the primary requirement of forming a joint venture with a foreign company was not finalized, a show cause notice was issued to them pointing out the defects. In their reply they have stated that they are not in a position to comply with the defect and therefore requested that they may be permitted to withdraw the application.

(3.) REGULATION 17 of the Authority for Advance Ruling (Customs, Central Excise and Service) Procedure Regulation, 2005 provides that after the period of 30 days the Authority may grant permission to withdraw the application in appropriate cases. In as much as the applicant is unable to comply with the basic condition of the joint venture and made the request for withdrawal of the application, I consider it just and appropriate to permit the applicant to withdraw the application after the aforesaid period of 30 days. The Authority has taken the same view in case of M/s Innoviti Embedded Solutions Pvt. Ltd. - Order No. AAR/03(Cus)/2006 dated 28.09.2006