Section 103 of GST – Applicability of advance ruling

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GST Act 2017: Section 103 of GST Act 2017 – Applicability of advance ruling. Check out details for GST Section 103 as per CGST Act 2017. Complete Analysis of GST Section 103, Section 103 of GST provide details for Applicability of advance ruling. Explanation of Goods and Service Tax all Sections. Check Section Wise Analysis of GST Act 2017, Chapter Wise Analysis of GST All Sections. in this article you may find complete details regarding Section 103 of CGST Act 2017 – Applicability of advance ruling, gst all section and definitionsNow Check more details from below…..

Section 103 of GST – Applicability of advance ruling

Statutory Provision

(1) The advance ruling pronounced by the Authority or the Appellate Authority under this Chapter shall be binding only-

  • (a) on the applicant who had sought it in respect of any matter referred to in sub-section (2) of section 97 for advance ruling;
  • (b) on the concerned officer or the jurisdictional officer in respect of the applicant. .

(2) The advance ruling referred to in sub-section (1) shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed.

Analysis and Updates

Introduction

It states the binding effect of an advance ruling.

Analysis

(i) The advance ruling pronounced by the Authority under this chapter shall be binding only on the applicant and on the jurisdictional officer in respect of the applicant.

(ii) The advance ruling shall be binding on the said persons/authorities unless there is a change in law or facts or circumstances, on the basis of which the advance ruling has been pronounced. When any change occurs in such laws, facts or circumstances, the advance ruling shall no longer remain binding on such person.

Comparative review

The provision is similar to the Advance Rulings provisions in erstwhile Central Indirect Tax laws as contained in section 23E of Central Excise Act, section 28J of Customs Act and section 96E of the Finance Act, 1994.

Related Provisions

Section / Rule / Form Description Remarks
Section 97 Applicability of advance ruling This Section sets out the questions on which ruling can be sought.

FAQs

Q1. Is the advance ruling binding on other assessee?

Ans. No. Advance ruling is binding only on the assessee who as an applicant has sought advance ruling in relation to any of the matters specified in subsection (2) of section 97.

Q2. Are the tax authorities bound by the advance ruling?

Ans. Only the jurisdictional officer/concerned officer, in respect of applicant who has sought advance ruling is bound by such rulings pronounced.

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