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Advance ruling under GST

Goods and Services Tax - GST - By: - CA Venkata prasad Pasupuleti - Dated:- 12-12-2017 - What is Advance ruling? Advance ruling means a decision/ruling given to the applicant by the constituted authority on the matters relating GST provisions like registration requirement, exemptions, classification, valuation, ITC etc. Unlike old Central indirect taxes (Central Excise, service tax) wherein ruling can be sought only on proposed transactions, GST laws provide an advance ruling on all types of tra .....

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r services or both Determination of time and value of supply of goods or services or both Admissibility of input tax credit (ITC) 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. Procedure to be followed: Application in Form GST ARA-01 shall be made along with filing fee of 10,000/-. Though it was said that application filing is online, as of now, the f .....

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ed in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act. If there is a difference of opinion between the two members of AAR, they shall refer the point or points on which they differ to the Appellate Authority of Advance ruling (AAAR) for hearing the issue. If the members of AAAR are also unable to come to a common conclusion in regard to the point(s) referred to them by AAR, then it shall be deemed that no advanc .....

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- GUJARAT HIGH COURT The Appellate Authority must pass an order after hearing the parties to the appeal within 90 days of the filing of an appeal. If members of AAAR differ on any point referred to in appeal, it shall be deemed that no advance ruling is issued in respect of the question under appeal. Other points to be noted: An advance ruling pronounced by AAR or AAAR shall be binding only on the applicant and on the concerned officer or the jurisdictional officer in respect of the applicant. T .....

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g the applicant. Few decisions under the old laws that are relevant under GST also: Merely because another subsidiary is carrying out the same activity and its case is pending with any officer, another subsidiary will not become ineligible to obtain AR in relation to the same question. - IN RE: A. TEX (INDIA) PVT. LTD. 2004 (3) TMI 100 - AUTHORITY FOR ADVANCE RULINGS ; GSPL India Transco Ltd. v. Union of India - 2012 (8) TMI 753 - Gujarat High Court Advance Ruling cannot be sought on a question .....

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peditious and binding; It provides certainty and transparency to assessee with respect to an issue which may potentially dispute by the revenue department. As the Indirect taxes are to be collected from the recipients. In case suppliers missed collecting the tax or collected less tax, the suppliers may end up paying taxes from their pockets (including any litigation expenses). In this background, it is advisable to file the advance ruling and future compliance can be made based on the ruling and .....

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