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Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...

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MRA <strong>The</strong> <strong>Value</strong> <strong>Added</strong> <strong>Tax</strong> <strong>Act</strong> 49<br />

69A. Rulings 171 *<br />

(1) Any person, who in the course or furtherance <strong>of</strong> his business, makes taxable<br />

supplies, may apply to the Director-General for a ruling as to the application <strong>of</strong> this <strong>Act</strong> to<br />

any <strong>of</strong> the supplies made to him or made by him.<br />

(2) An application under this section shall be in writing and shall –<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

include full details <strong>of</strong> the transaction relating to the supply together<br />

with all documents relevant to the transaction;<br />

specify precisely the question as to which the ruling is required;<br />

give a full statement setting out the opinion <strong>of</strong> that person as to the<br />

application <strong>of</strong> this <strong>Act</strong> to that supply; and<br />

be accompanied by such fee as may be prescribed.<br />

(3) <strong>The</strong> Director-General shall, within 30 days <strong>of</strong> the receipt <strong>of</strong> an application<br />

under this section, give a ruling on the question on the applicant.<br />

(4) Subject to subsection (5), a ruling under this section shall be binding upon<br />

the Director-General.<br />

(5) Where there is any material difference between the actual facts relating<br />

to the transaction and the details contained in the application, the ruling shall not be binding<br />

upon the Director-General.<br />

(6) A ruling under this section shall be published by the Director-General in<br />

such manner as he thinks fit except that the identity <strong>of</strong> the person to whom the ruling<br />

relates shall not be indicated in the publication.<br />

(7) Subject to subsection (8), any person may rely upon a ruling published<br />

under subsection (6) as a statement binding on the Director-General with respect to the<br />

application <strong>of</strong> this <strong>Act</strong> to the facts set out in that ruling.<br />

(8) <strong>The</strong> Director-General may publish a notice in the Gazette to the effect that a<br />

ruling which he has previously published shall cease to be binding with effect from a date<br />

which shall not be earlier than the date <strong>of</strong> the notice.<br />

69B. Statement <strong>of</strong> Practice 172*<br />

<strong>The</strong> Director - General shall, from time to time, issue and publish Statements <strong>of</strong> Practice in<br />

relation to the application <strong>of</strong> specific provisions <strong>of</strong> this <strong>Act</strong>.<br />

70. Jurisdiction <strong>of</strong> Magistrate<br />

(1) Notwithstanding -<br />

* Please refer to endnotes at Appendix Page 49 <strong>of</strong> 107

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