(1) A non-resident person desiring an advance ruling under section 206A of the Ordinance, 2001 (XLIX of 2001) shall make an application to the Federal Board of Revenue in the following form set out in the Schedule below.
(2) The application under sub-section (1) shall be considered by a Committee consisting of the following members, namely:-
(a) Chairman, Federal Board of Revenue Chairman
(b) Member (Inland Revenue), FBR Member
(c) Senior Joint Secretary, Law, Justice Member
and Human Rights Division.
(3) The Committee may obtain comments of the Commissioner concerned and, if it considers necessary, advice of a legal expert on the application and decide the issue, as it may deem appropriate ,in a joint sitting or through circulation amongst its members.
(4) Advance ruling for the purposes of this rule means determination by the Committee in relation to the transaction which has been undertaken or is proposed to be undertaken by a non-resident person the question of law specified in the application.
(5) The advance ruling shall be binding on the Commissioner only in respect of the specific transaction on which such advance ruling is issued. The advance ruling shall continue to remain in force unless there is a change in facts or in the law on the basis of which the advance ruling was pronounced.
(6) The copy of the advance ruling pronounced by the Federal Board of Revenue shall be provided to the applicant and to the Commissioner having jurisdiction over the case.
(7) Notwithstanding anything contained in this rule, the advance ruling shall cease to be binding on the Commissioner, if it is subsequently found to have been obtained by fraud or misrepresentation of facts about the nature of the transaction on which advance ruling wasissued.
(8) An application filed under this rule shall be disposed of not later than ninety days of its receipt.
