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Standardised PPT on GST
Indirect Taxes Committee
The Institute of Chartered Accountants of IndiaSlide2
Disclaimer and Copy right
This presentation has been prepared to provide a standard ‘user presentation’. The views expressed in this presentation are those of Speaker(s). The Institute of Chartered Accountants of India may not necessarily subscribe to the views expressed by the speaker(s).
The information cited in this presentation has been drawn from various sources. While every efforts have been made to keep the information cited in this presentation error free, the Institute or any office do not take the responsibility for any typographical or clerical error which may have crept in while compiling the information provided in this presentation. Further, the information provided in this presentation are subject to the provisions contained under different acts and members are advised to refer to those relevant provision also. For clarifications write to us at
idtc@icai.in
© Indirect Taxes Committee, ICAI
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© The Institute of Chartered Accountants of India
This standardised PPT may be used by any person with due acknowledgement to the Indirect Taxes Committee of ICAI. Slide3
© Indirect Taxes Committee, ICAI
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Advance RulingSlide4
Application for Advance ruling – Sec 97
© Indirect Taxes Committee, ICAI
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Advance Ruling can be sought for the following questions:
Classification of goods or services or both;
Applicability of a Notification;Determination of time and value of supply of goods or services or both;Admissibility of Input Tax Credit;Determination of tax liability;Clarification on registration;Classification of a supply as goods or services or both.Slide5
Procedure of Receipt of Application– Sec 98
© Indirect Taxes Committee, ICAI
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AAR (Each State)
1 CGST + 1 SGST
Member MemberPrescribed Officer
Applicant
Accept or Reject
Reject after opportunity of Hearing
Prescribed form and fees w.r.t. specified 7 questions only.
Shall send copy,
may call records
Copy
1
2
3
* Not to admit if already before / decided by any Adjudicating or Appellate Authority.Slide6
Procedure for Advance ruling – Sec 98
© Indirect Taxes Committee, ICAI
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AAR
Prescribed Officer / Jurisdictional CGST / SGST Officer
Applicant
Advance ruling on Question in Application within 90days
Opportunity of Hearing
If members differs,
refer to
Copy
1
3
2
Appellate Authority of Advance Ruling
1
No application shall be admitted if the same is already pending or decided in any proceedings under any provisions of GST
Application admittedSlide7
Appellate Authority for Advance ruling – Sec 100 & 101
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AAAR
Designated Chief Commissioner 1 CommissionerCentral Tax + SGST/UGST Advance Ruling confirmed or modifiedOr
Decide no ruling can be issued
-Applicant
-CGST / SGST / UTGST
Officer
-AAR
Within 90 days
Copy to
1
2
3
AAR/ Aggrieved Applicant
Within 30 days of AAR ruling *
* Period may further be extended by 30 days.
Fees of Rs. 10000
Opportunity of Being HeardSlide8
Appeal to and Order of Appellate Authority – Sec 100 and101
© Indirect Taxes Committee, ICAI
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Decide no ruling
can be issued
Prescribed Officer orCGST/SGST Officer
Applicant
AAAR
-within 30 days of Communication of Ruling*
-in Prescribed form with prescribed fees
OR
AAR
Ruling
Within 90 days Hearing + Decision
*
Note:
Appellate Authority may allow further period of 30 daysSlide9
Rectification of Advance ruling – Sec 102
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AAR or AAAR may rectify the ruling brought to its notice
For mistake apparent from record.
Either on own motion or if brought to notice by prescribed/ jurisdictional CGST/ SGST/ UTGST officer or applicant Opportunity of being heard if prejudicial to Applicant/ Appellant
Rectify mistake apparent from record within 6 months of date of order
Note
:- Not to amend substantive part of the orderSlide10
Applicability of Advance ruling – Sec 103
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Advance Ruling
Binding on
Applicant seeking AR as per section 97(2)
Jurisdictional tax Authority
UNLESS
Law, Facts, Circumstances have changedSlide11
Ruling void
ab initio
– Sec 104
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If AAR / AAAR finds ruling obtained by the applicant /appellant by fraud / misrepresentation / suppression of facts.By order declare advance ruling as void-ab-initio, after giving an opportunity of being heardNote:- All provisions of the Act shall apply after excluding period in between date of ruling and this orderSlide12
Power / Procedure of AAR/ AAAR– Sec 105 and 106
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Deemed to be civil court;
Proceedings treated as judicial proceedings;
Power to enforce attendance, examining on oath, issuing commission, compelling production of books / records;Power to regulate its own procedure.Slide13
Thank You
For any Clarification, Please Contact
Indirect Taxes Committee of ICAI
Email:
idtc@icai.in
, Website:
www.idtc.icai.org
© Indirect Taxes Committee, ICAI
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