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GST - Highlights / Catch Notes

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Advance Ruling application maintainable for recipient liable to ...


Recipient liable for reverse charge eligible for Advance Ruling despite definition - Section 95 contextual interpretation

July 30, 2024

Case Laws     GST     HC

Advance Ruling application maintainable for recipient liable to pay tax on reverse charge basis, despite definition of 'advance ruling' - Section 95 to be interpreted contextually - Fiction u/s 9(3) brings recipient within ambit of Chapter XVII for seeking Advance Ruling - Application erroneously rejected at threshold u/s 98(2) - No appeal lies against rejection u/s 98(2) - Matter remitted to AAR to decide application afresh u/s 98(4) - Impugned order set aside - Petition allowed by way of remand.

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