Ans. ‘Advance Ruling’ is a decision provided by the Authority for Advance Ruling (AAR) or the Appellate Authority for Advance Ruling (AAAR) to an applicant on specified matters or questions, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant.
It is important to note here that an applicant may seek advance ruling not only on those supplies that are proposed to be undertaken, but also those supplies which have already been undertaken.
Ans. ‘Applicant’ is any person registered or desirous of obtaining registration under GST.
It may be noted here that the application for advance ruling does not require the applicant to be registered. It is for this reason that the GST Portal offers the facility to file the application without regular login for taxpayers.
Ans. The law provides an exhaustive list of issues on which an Advance Ruling may be sought by an applicant:
Thus, the questions for which an advance ruling may be obtained are categorically prescribed and no queries other than these would be entertained for advance rulings. For example, determination of place of supply or location of supplier are contentious issues and have a direct bearing on the nature of tax to be paid, and the State to which such revenue would accrue. However, no advance ruling can be sought for the same.
Ans. Though the law is not very clear on this aspect, it can be conclusively determined from the format of the form of application Form GST ARA-01 that multiple questions can be raised in a single application.
As general practice, the applicant files a single application pertaining to a particular line of business and all questions relating to the same are stated in such application. In case such applicant wishes to seek advance ruling in respect of a different business vertical, a separate application is filed.
Ans. An advance ruling is binding only on the applicant who had sought it in respect of any matter and on the concerned officer or the jurisdictional officer in respect of that applicant.
This means that an advance ruling shall not be binding on any taxpayer other than the applicant, even if the nature of business happens to be exactly the same. Further, it could also be that there are conflicting advance rulings on the same issue in respect of different applicants.
Also, the advance ruling shall be binding on the officer in respect of that applicant only.
It also means that though the orders of advance ruling are available to general public, they cannot be used as precedents in court of law. However, a reasoned ruling will surely have persuasive value.
Ans. AARs are the authority which deliver decisions on questions sought by applicants under Advance Ruling. The AARs are constituted under the provisions of State GST Acts and UTGST Act, which are deemed to be the Authority for Advance Ruling for the purpose of CGST Act too.
Though it is clear that there is a single AAR for an applicant in respect of both the Central and the State GST Law, however it is ambiguous as to whether the applicant is required to file separate applications under the two set of laws. In practice, the applicants prefer a single application with their jurisdictional AAR with payment of the required fees of Rs. 5000/- under both State GST Act as well as CGST Act, i.e. a total fees of Rs. 10,000/-.
Ans. The Government appoints officers not below the rank of Joint Commissioner as member of AAR.
It is important to note here that the AAR consists of no judicial member, which questions the independence and objectivity of the AAR.
Ans. On receipt of the application, the AAR shall cause a copy thereof to be forwarded to the concerned officer and, if necessary call upon him to furnish the relevant records.
The Authority shall not admit the application where the question raised is already pending or decided in any proceedings. An opportunity of being heard shall be given to the applicant before rejecting the application.
Ans. An appeal mechanism has been constituted by way of constitution of AAAR. The AAARs have also been constituted under the provisions of State GST Acts and UTGST Act, which are deemed to be the AAAR for the purpose of CGST Act too.
Ans. AAAR can be approached by the following:
Ans. In such cases it shall be deemed that no advance ruling can be issued in respect of the question under the appeal or reference.
This provision leads to a dead-end and renders the mechanism of advance ruling useless in questions where the members of AAAR are divided. However, the applicant may escalate the issue by preferring a writ before the jurisdictional High Court, if he does not wish to continue with uncertainty.
Ans. No further appeal mechanism has been provided in GST Law. However, the applicant may prefer writ before the jurisdictional High Court.
Ans. The appeal is required to be filed within a period of 30 days from the date on which the ruling sought to be appealed against is communicated to the concerned officer, the jurisdictional officer and the applicant.
This means that the period of 30 days shall be counted from the latest date on which the advance ruling was received by the abovementioned three parties.
Nonetheless, the AAAR is empowered to condone the delay if sufficient cause for the same is demonstrated.