Customs and Excise Act, 1964 (Act No. 91 of 1964)Chapter IXA : Advance Rulings74K. Withdrawal of advance ruling |
| (1) | The Commissioner must withdraw an advance ruling if— |
| (a) | the advance ruling was issued as a result of fraud, misrepresentation, incorrect information or the omission of a fact which was material to the consideration of the application insofar as the inclusion of such fact would have resulted in a different ruling; or |
| (b) | in the case of an advance origin ruling, the advance ruling is in conflict with an international trade agreement concluded by the Republic. |
(2)
| (a) | The withdrawal of an advance ruling in terms of subsection (1)(a) is effective retrospectively from the date of issue of the advance ruling. |
| (b) | Subsequent to the withdrawal of an advance ruling in terms of this section, the Commissioner must determine in writing, with effect from the date of first entry of the goods to which that ruling relates, the tariff, value or origin of such goods for purposes of assessing the correct amount of duty payable. |
[Chapter IXA(74K) inserted by section 17(1) of the Tax Administration Laws Amendment Act, 2022 (Act No. 16 of 2022), Notice No. 1542, GG47827, dated 5 January 2023 - comes into effect on a date to be determined by the Minister by notice in the Government Gazette (section 17(2))]