2024 (7) TMI 523 - AAR - GST

Scope of Advance Ruling application - Admissibility of input tax credit of tax paid or deemed to have been paid - Applicability of RCM on freight inward - set off Input and Output in a situation where the Applicant is having more than one business done under the same GST Number. Input eligibility on renting of commercial Property - HELD THAT - Since the same issue is pending before the Hon'ble Supreme Court, the same cannot be answered by this Authority as the case is sub judice. Applicability of RCM on freight inward - HELD THAT - The issue raised in the instant application and the audit objection raised in the audit report are one and the same and the same has already been decided in the proceedings. Thus, first proviso to Section 98 (2) of the CGST Act 2017 is squarely applicable to the instant case and hence is inadmissible. How to set off Input and Output in a situation where the Applicant is having more than one business done under the same GST Number? - HELD THAT - The authority can't give any decision on the issues that are not covered under Section 97 (2) of the CGST Act 2017. In the instant case the questions is not covered under the issues specified under Section 97 (2). Thus, the same cannot be answered.

Summary

Issues Involved:
1. Input eligibility on renting of commercial Property.
2. Applicability of RCM on freight inward.
3. How to set off Input and Output in a situation where the Applicant is having more than one business done under the same GST Number?

Analysis:

1. Input eligibility on renting of commercial Property:
The applicant sought clarification on availing input tax credit for building materials used in constructing a commercial complex. Referring to a court case, the applicant argued that ITC can be claimed for properties retained and let out on rent. However, as the case is pending in the Supreme Court, the Authority could not provide a ruling due to the sub judice nature of the matter.

2. Applicability of RCM on freight inward:
The applicant questioned the applicability of Reverse Charge Mechanism (RCM) on inward freight charges. An audit objection was raised by the Deputy Commissioner of Commercial Taxes regarding unpaid tax on freight charges. The Authority found that the issue raised in the application had already been decided in previous proceedings, making it inadmissible for further consideration.

3. Setting off Input and Output for multiple businesses under the same GST Number:
The applicant sought guidance on setting off input and output in a scenario where multiple businesses are conducted under a single GST Number. However, the Authority noted that this issue did not fall under the specified categories for seeking advance rulings under Section 97(2) of the CGST Act 2017. Consequently, the Authority concluded that it could not provide a ruling on this matter as it was beyond its jurisdiction.

In conclusion, the Authority partially admitted the application, but due to various reasons such as pending court cases, previous decisions, and jurisdictional limitations, it was unable to provide definitive rulings on the issues raised by the applicant.