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Goods and Services Tax

AAR refuses to admit application as issue was pending

Case Law Details

TaxGuru Citation
2021 taxguru.in 1766
Case Name
In re Sree Krishna Rice Mill (GST AAR West Bengal)
Date of Judgement/Order
Only available for paid members
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In re Sree Krishna Rice Mill (GST AAR West Bengal)

We now come to the questions on which the instant advance ruling has been sought for. The applicant seeks to know in respect of taxability on transportation charges of raw paddy from the point of purchase to the rice mill and also on the reimbursement of Mandi labour charges.

We find that the aforesaid questions is entirely related to custom milling of paddy being undertaken by the applicant and an investigation proceedings is already pending on the business activities being carried out by the applicant as a custom miller of paddy.

The first proviso to sub-section (2) of section 98 of the GST Act speaks that the Authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act.

The applicant has made the instant application in FORM GST ARA-01 on the common portal on 31.03.2021 and has declared vide serial number 17 of the said application that the questions raised in the application is not pending nor decided in any proceedings in his case under any of the provisions of this Act.

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