2020 (11) TMI 1069 - AAAR - GST

Rejection of application for Advance Ruling by the AAR as sub-judice - Input Tax Credit - Authority for Advance Ruling observed that on the issue of admissibility of ITC in respect of goods/ services received while constructing Hotel including restaurant banquet hall, on which applicant has sought advance ruling, is pending HELD THAT - The appellant's contentions about the interpretation of the term an applicant used in Section 98(2) of CGST Act 2017. English has two articles, the and a an. The is used to refer to specific or particular nouns; a/an is used to modify non-specific or non-particular nouns. The is called definite article and a/an is called the indefinite article. The use of the article 'an' before the noun applicant is meant to denote non-specific. In other words, the term an applicant' has to mean any applicant and not a particular applicant. Thus. The interpretation of 'an applicant' made by the AAR in their Ruling cannot be faulted. In fact, in spite of being pointed out by the appellant about the show cause notice mentioning only two issues in common with the writ, it appears that the applicant was summarily rejected without in depth scrutiny. The Ruling is set aside and the matter is remanded for fresh consideration.

Summary

Issues:
1. Interpretation of the term "an applicant" in Section 98(2) of CGST Act 2017.
2. Admissibility of input tax credit on various services received for construction purposes.
3. Consideration of sub-judice matters in advance ruling applications.

Analysis:
1. Interpretation of "an applicant": The appellant contended that the term "an applicant" in Section 98(2) of the CGST Act should be interpreted to refer specifically to the party seeking the advance ruling. However, the appellate authority disagreed, stating that "an applicant" denotes any applicant, not a particular one. The authority found the impugned ruling to be non-speaking and based on hearsay, lacking a detailed discussion on the relevant issues. The authority directed the AAR to examine the cases referred to and consider each issue individually on its merits.

2. Admissibility of input tax credit: The appellant, engaged in the hospitality sector, sought an advance ruling on the availability of input tax credit on various services received for construction purposes. The AAR rejected the application citing that the issues raised were sub-judice. The appellant argued that the issues had already been decided by the High Court of Odisha and should be binding. The appellate authority found that the AAR's rejection was premature and required a detailed examination of each issue before making a decision.

3. Consideration of sub-judice matters: The AAR rejected the application on the grounds that the issues raised were sub-judice in related cases. The appellant contended that the rejection based on sub-judice matters was misplaced and that the AAR should have considered the binding nature of the High Court's decision. The appellate authority agreed with the appellant, stating that the rejection solely on the basis of sub-judice matters was not appropriate. The authority set aside the previous ruling and remanded the matter for fresh consideration by the AAR.

In conclusion, the appellate authority directed the AAR to re-examine the issues raised by the appellant in the advance ruling application, considering each issue on its merits and providing a detailed speaking order. The ruling of the AAR was set aside, and the matter was remanded for fresh consideration.