Advance Ruling to be void in certain circumstances [Section 104] - GST Ready Reckoner - GST

Advance Ruling to be void in certain circumstances Advance ruling obtained by way of fraud/misrepresentation shall be void [ Section 104 ] Where the Authority or the Appellate Authority [ or the National Appellate Authority Inserted vide Finance (No. 2) Act, 2019 (effective date to be notified) ] subsequently discover that an advance ruling pronounced by it under section 98(4) or 101(1) [ or 101C Inserted vide Finance (No. 2) Act, 2019 (w.e.f. 01.11.2024 vide N.No. 17/2024 dated 27.09.2024)] ; has been obtained by the applicant or appellant fraudulently or by way of suppression of material facts or misrepresentation of facts, the Authorities are empowered to declare such a ruling to be void ab initio. The above would result in all the provisions of this Act becoming applicable to the applicant or appellate as if such advance ruling had never been made. Opportunity of being heard:- No such order can be passed by the AAR or Appellate Authority without giving an opportunity of being heard to the applicant/appellant. Sent a Copy of order :- A copy of the order of advance ruling to be void shall be sent to the applicant, the concerned officer and the jurisdictional officer. Exclude the period for calculating period for initiating proceeding under section 73(2) and (10) or section 74(2) and (10) or Section 74A(2) and (7) The period beginning with the date of advance ruling and ending with the date of order declaring the advance ruling to be void ab initio shall be excluded in computing the period for issuance of Show-cause notice and adjudication order under Sections 73(2) and (10) and Section 74(2) and 74(10) or Section 74A(2) and (7) Sections 73(2) and (10) or Section 74A(2) and (7) specify the time limit within which a show cause notice and adjudication order respectively, may be issued in a case where the tax is not paid, short paid, erroneously refunded or ITC has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful-misstatement or suppression of facts to evade tax. Similarly, Section 74(2) and (10) Section 74A(2) and (7) specifies the time limit within which a show cause notice and adjudication order respectively, may be issued in a case where the tax is not paid, short paid, erroneously refunded or ITC has been wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts. Note : What this section seeks to do is to provide the proper officers an additional time period to recover such amount from the applicant/appellant as would have been payable by him had he not sought the advance ruling fraudulently Section 104(2) A copy of the order made shall be sent to the applicant, the concerned officer and the jurisdictional officer.