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TMI BlogApplicability of Advance RulingX X X X Extracts X X X X X X X X Extracts X X X X ..... Hello Friends, How does one interpret Sub-section 2 of Section 103 relating to advance ruling - 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. Example - if an inward supply which was purely for office purposes and accordingly the ruling was also pronounce that ITC will be available. Late ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r after some years, if the inward supply is put to personal or non-business use, whether the non-applicability of advance ruling will be retrospective or prospective? Are there any legal precedents to support that it will be prospective? I personally believe that it shall be prospective because the advance ruling when applied was based on the facts that existed then unaware of the changes that can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take place later. Applying retrospectively seems unfair. - Reply By Sadanand Bulbule - The Reply = Dear Sir The query contains the answer as well. Your last statement is the answer for your query. - Reply By KASTURI SETHI - The Reply = Dear Querist, Your belief is correct. It is prospective. When the law is very much clear, there is no need to take shelter of any decision of AAR/AAAR or any court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The decision of any AAR/AAAR is not for ever. It has 'shelf life', keeping in view of frequent amendments in GST laws. - Reply By Shilpi Jain - The Reply = It is difficult to understand the purpose of this query.. Maybe the example is not right. However, an advance ruling if taken for a transaction proposed to be undertaken and subsequently the transaction actually does not happen the wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y it was presented to the AAR, then the ruling has no relevance at all since the facts have changed. - Reply By Shilpi Jain - The Reply = Whether prospective or retrospective does not matter. As long as these kind of transactions happen - same facts and circumstances, until the law is changed, this ruling will apply. For transactions where the facts do not match, this ruling will not be applicable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . - Reply By sathasivam venkataraman - The Reply = Our Company received (interstate) legal service from an unregistered person . The lawyer raised the RCM invoice along with the New Delhi address. Now, we have to pay CGST+SGST (or) IGST under RCM ? - Reply By Shilpi Jain - The Reply = RCM is applicable for services taken from an advocate and not lawyer - Applicability of Advance Ruling - Query S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tarted By: - Narayan Pujar Dated:- 26-8-2024 Last Replied Date:- 3-9-2024 Goods and Services Tax - GST - Got 6 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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