Appeal against the question which was not answered by the AAR - ...

Appeal Filed Over Unanswered Taxability Question; Lower Authority's Rejection u/s 98(2) Deemed Non-Appealable.

November 25, 2022

Case Laws     GST     AAAR

Appeal against the question which was not answered by the AAR - The question of taxability having been rejected by the lower Authority albeit incorrectly, without any ruling, the matter is not appealable as per the law. - The statute is unambigiously clear that an order passed under Section 98(2) rejecting an application cannot be appealed before us. The fact that only a ruling pronounced in an order issued under Section 98(4) is appealable before us justifies our stand that 'modifying' does not include answering the unanswered question. - AAAR

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