Case Law Details
In re SBT Textiles Private Limited (GST AAR Chhattisgarh)
Advance ruling regarding transfer of unutilized balance in E-credit ledger on merger of distinct persons as specified in Section 25 (4) i.e., on merger of two distinct persons within same State having same PAN in terms of Section 18 (3) of CGST Act.2017
The applicant sought a ruling on whether the unutilized balance in the E-credit ledger can be transferred on the merger of distinct GSTINs with the same PAN within the state, and whether such transfer can be made between distinct persons without following the process of merger. The Authority analyzed the applicable provisions of the CGST Act and determined the admissibility of the issues raised.
The Authority concluded that the issues raised by the applicant regarding the transfer of unutilized balance in the E-credit ledger are beyond the scope of the advance ruling mechanism. The ruling clarifies that the issues raised do not fall under the specified matters for seeking an advance ruling. Consequently, the application filed by the applicant was rejected as it is outside the scope of advance ruling as stipulated under Section 97(2) of the CGST Act, 2017.
FULL TEXT OF THE ORDER OF AUTHORITY FOR ADVANCE RULING,CHATTISGARH
Please become a Premium member. If you are already a Premium member, login here to access the full content.