Section 159: Rulings

159. Rulings (1) Any person who derives or may derive any income may apply to the Director-General for a ruling as to the application of this Act to that income. (2) An application under this section shall be in writing and shall— (a) include full details of the transaction relating to the income together with all documents relevant to the transaction; (b) specify precisely the question as to which the ruling is required; (c) give a full statement setting out the opinion of that person as to the application of this Act to that income; and (d) be accompanied by such fee as may be prescribed. (3) The Director-General shall, within 30 days of the receipt of an application under this section, give a ruling on the question to the applicant. (4) Subject to subsection (5), a ruling under this section shall be binding upon the Director-General. (5) Where there is any material difference between the facts relating to the transaction and the details contained in the application, the ruling shall not be binding upon the Director-General. continued on page I5 – 95 I5 – 94 (7) [Issue 9] Revised Laws of Mauritius (6) A ruling under this section shall be published by the Director-General in such manner as he may determine except that the identity of the person to whom it relates shall not be indicated. (7) Subject to subsection (8), any person may rely upon a ruling published under subsection (6) as a statement binding on the DirectorGeneral as to the application of this Act to the facts set out in that ruling. (8) The Director-General may, by publication in the Gazette, notify that a ruling which has been published shall cease to be binding with effect from a date which shall not be earlier than the date of the notice.