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2020 (12) TMI 1298 - AUTHORITY FOR ADVANCE RULING, UTTAR PRADESHBenefit of lower rate of GST under CLSS Scheme - entitlement to get interest Subvention certificate and/or Interest subsidy in his / her bank - adjustment of GST Credit if builder does not have future GST liability in this project - entitlement to GST refund if amount is not adjustable from future liability of GST under the project - Section 54 of Central Goods & Services Tax Act, 2017 read with Rule 89 of Central Goods & Services Tax Rules, 2017. If any Flat buyer otherwise qualified to get lower rate of GST under CLSS Scheme, get interest Subvention certificate and/or Interest subsidy in his / her bank account after: a). Tower / Building get Completion Certificate from Competent Authority, or b). Expiry of six months from end of financial year Can builder pass-on benefit of lower rate of GST to this flat buyer in such situation? And How? - HELD THAT:- The excess tax is to be adjusted as per clarification issued by Tax Research Unit, Ministry of Finance, Govt. of India vide F.No. 354/52/2018/TRU dated 07.05.2018. Even then if the applicant is unable to adjust the same, the applicant may approach to appropriate forum which is GST Policy Wing. How can builder get GST Credit adjustment if builder does not have future GST liability in this project? - HELD THAT:- The question is out of purview of advance ruling authority. As such, the question raised by the applicant is not answered. Will builder be entitled to GST refund if amount is not adjustable from future liability of GST under the project? - HELD THAT:- The question is out of purview of advance ruling authority. However, whether the applicant is entitled for refund or not under Section 54 of Central Goods & Services Tax Act, 2017 read with Rule 89 of Central Goods & Services Tax Rules, 2017 would be decided by the jurisdictional authority subject to fulfillment of necessary conditions of refund. The questions raised by the applicant are in nature of procedural clarification which is to avail benefit of reduced rate of GST under CLSS scheme as explained in clarification issued by the Tax Research Unit, Ministry of Finance, Govt. of India. As due to time limit to issue credit note and also applicant's inability to adjust excess tax paid due to reduced tax liability, the applicant is not getting benefit of reduced tax liability under CLSS. It creates a very peculiar condition but the authority of advance ruling is not an appropriate authority for seeking procedures or clarifications in such exceptional circumstances. If the applicant is unable to issue credit note or unable to adjust their reduced tax liability due to any reason, they may approach to the GST Policy Wing for remedial measures.
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