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TMI BlogClarification regarding the scope of “as is / as is, where is basis” mentioned in the GST Circulars issued on the basis of recommendation of the GST Council in its meetingsX X X X Extracts X X X X X X X X Extracts X X X X ..... ing Central Circular No. 236/30/2024-GST) DATED: 16.12.2024 Subject : Clarification regarding the scope of as is / as is, where is basis mentioned in the GST Circulars issued on the basis of recommendation of the GST Council in its meetings Instances were brought to the notice of the Commissioner pertaining to the prevailing doubts among the field formations/trade as regards the scope of regulariz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is in certain cases for supply of goods or services or both. Regularization for the past period has been done, on the recommendations of the Council, in situations, such as, where genuine doubts have arisen as there are two competing entries with different rates in the notifications or issues have arisen due to diverse interpretation resulting in a situation where some suppliers have paid a lower ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he higher rate. The intention of the Council is to regularize payment at a lower rate including nil rate due to the tax position taken by taxable person, as full discharge of tax liability. The tax position of a taxable person is reflected in the returns filed by the person where the applicable rate of tax (or relevant exemption entry) on a transaction/supply is declared. 5. Thus, in cases where t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay duty differential of 7% between 5% and 12%. For those tax payers who have paid 12% GST, no refund would be allowed. Illustration 2: In a situation where certain tax payers have paid 5% GST on supply of X while some have paid nil duty due to the genuine doubt that there was an exemption entry for X , and the GST Council recommends to clarify that the applicable rate is 5% and to regularize t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on 01.12.2023, this means that for the period prior to 01.12.2023, the 5% GST paid by tax payer will be treated as tax fully paid and they would not be required to pay duty differential between 5% and 12% . For those tax payers who have paid 12%, no refund would be made. However, the regularization would not apply to situations where no tax has been paid. In such cases, the applicable tax i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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