Advance Ruling under GST

Section 95 of CGST Act
Advance ruling means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions specified Section 97 or Section 100, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant;
Applicant means any person registered or desirous of obtaining registration under this Act;
Application means an application made to the Authority under Section 97
Advantages of advance ruling
• It affords finality to a two way interpretation, thereby avoiding of protracted/extended litigation.
• Authentic /correct interpretation of law
• Clarity on classification issues
• Can seek guidance before commencement of business or entering into a new venture.
• Facilitates contractual obligations by proper drafting of agreements at initial stage itself
• Avoids disputes between venture partners
• Helps in cost and price determination including participation in global and domestic tenders.
AAR and Application for AR: Section 96-97
Authority for advance ruling constituted under the provisions of a SGST or UTGST shall be deemed to be the Authority for advance ruling in respect of that State or Union territory.
Applicant – make an application + fee as prescribed + question on which the advance ruling is sought.
Question can be any of following:
• classification of any goods or services or both;
• applicability of a notification issued under the provisions of this Act;
• determination of time and value of supply of goods or services or both;
• admissibility of input tax credit of tax paid or deemed to have been paid;
• determination of the liability to pay tax on any goods or services or both;
• whether applicant is required to be registered;
• whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term.
Note: Question on determination of place of supply cannot be raised
Procedure on receipt of application: Section 98
Application received: Authority forward copy to concerned officer and, if necessary, call for relevant records: Provided records shall be returned to the said concerned officer as soon as possible
The Authority after examining application and records and after hearing the applicant or his authorized representative: Admit or reject the application (by order)
Provided: No application to be entertained on already pending matters

Provided further: No application to be rejected without giving an opportunity of being heard
Provided also: application of rejection must be accompanied with reason for the same
Orders of Appellate Authority: Section 101
Appellate Authority may, after giving the parties an opportunity of being heard: Pass order confirming or modifying the
Time Limit: The order shall be passed within a period of ninety days from the date of filing of the appeal
If members of the Appellate Authority differ on any point or points: No advance ruling can be issued in respect of such questions
A signed and certified copy to be given to the applicant, the concerned officer, the jurisdictional officer and to the Authority after such pronouncement.
WRITTEN BY
RAGHAV JAGGA

Leave a Reply

Articles

Glucopharm #1 Formula On The Marketplace For Managing Healthy Blood Levels |Blood Sugar | Healthy Cholesterol[REAL OR HOAX]

Glucopharm Blood Sugar Balance • Product Name – Glucopharm Blood Sugar Balance • Side Effects – No Side Effects (100% Natural) • Main Benefits – Support Healthy Blood Pressure & Good Cholesterol (LDL) (HDL) • Category – Zinc, Cinnamon Bark Powder(100% All Natural) • Results – In 1-2 Months • Availability – Online • Customer […]

Read More
Advocates Articles BARE ACTS

https://www.facebook.com/KetoGummiesNZ

Keto Gummies New Zealand:– It’s possible that one of the ways tablets that help you lose weight works is lowering the quantity of emotional distress you feel. As a consequence of this, you can discover which you are hungry much less frequently and which you interact in less consuming due to emotional triggers. As a […]

Read More
Articles LexCliq Services

Stimuli RX CBD Gummies:- Reviews 2022″ Pain Relief, Side Effects, Best Results, Works & Buy!

➢ Product Name – Stimuli RX CBD Gummies ➢ Composition – Natural Organic Compound ➢ Side-Effects – NA ➢ Availability – Online (Exclusive Offers on Official Website) ➢ Rating – ★★★★★ Stimuli RX CBD Gummies:- You really want to discuss your nervousness and sadness with somebody who will tune in. You really want to realize […]

Read More