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Admissibility of ITC of Tax paid or deemed to have been paid- AAR allows withdrawn of application

Case Law Details

TaxGuru Citation
2019 taxguru.in 1440
Case Name
In re M/s Indo Autotech Limited (GST AAR Rajasthan)
Date of Judgement/Order
Only available for paid members
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In re M/s Indo Autotech Limited (GST AAR Rajasthan)

Note: Under Section 100 of the CGST/ RGST Act, 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of CGST/ RGST Act, 2017, within a period of 30 days from the date of service of this order.

  • At the outset, we would like to make it clear that the provisions of both the CGST Act and the RGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provision under the RGST Act. Further to the earlier, henceforth for the purposes of this Advance Ruling, a reference to such a similar provision under the CGST Act / RGST Act would be mentioned as being under the “GST Act”.
  • The issue raised by M/s Indo Autotech Ltd., Plot No. DTA 01/02-03-04, Phase-II, Mahindra World City,Tehsil- Sanganer, Jaipur, Rajasthan 302037 (hereinafter the applicant) is fit to pronounce advance ruling as it falls under the ambit of the Section 97(2) (d) given as under :

d. Admissibility of input tax credit of tax paid or deemed to have been paid;

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