Concept of Advance ruling under Goods and Services Tax Act, 2017 - An analytical and critical study
Sonali AwasthiNovember 30, 202110.5281/zenodo.574538015 pages
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The term “Advance Ruling” denotes any decision given by the authority to its applicant for the purpose of planning certain activities for the payment of Good and Services Tax. Authority and appellate authority for advance rulings helps the applicant in providing the information related to payment of indirect tax or questions prescribed in Section 97(2), 100 (1) of the “Central Goods and Services Tax Act, 2017” in terms of goods and services taken on by the applicant. This definition of advance ruling can be interpreted broadly as the implementation of GST Act has improved the definition of advance ruling, it covers a proposed transaction and transaction that has already been taken by the applicant. The aim of this research study is to identify the scope of advance rulings, analyse the role and performances of authority of advance rulings and examine the issues pertaining to advance rulings and suggest the required changes, according to the author’s knowledge. The methodology of the research that has been followed in the present study is a Doctrinal research methodology which helps the researcher to arrive at conclusion by collecting qualitative data from the secondary sources.
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- 1.Books | • R.K. Bhalla, “Authority for Advance Ruling under GST Laws” 213 (1st ed. 2019). | • Atul Gupta, “Handbook on Advance Ruling under GST” 9 (2nd ed. 2020). | Articles/Journals | • Mohan Rao, “Advance Ruling Mechanism in GST”, CBIC 329, 330 (2019). | • Arjun Pal, “Critical Analysis of the Working of Authority for Advance Ruling (Aar) in | India”, ITIA 1, 1-6 (2020). | • Shantanu Sharma, “Advance Rulings”, IDTC-ICAI 1, 1-8 (2019). | • Hiregange, “Advance ruling- Is it serving its purpose?”, MIGST 223, 234 (2020). | • Murali Rao “Detailed Study Report on Authority for Advance Rulings”, IRS 1, 18 (2019). | • Ankur Jain, “The Curious Case of Advance Rulings under GST – Are they really | effective?”, LJR 4, 12 (2020). | • Bharathi Agrawal & Kajal Juneja, “Concept of Advance Ruling”, ICMAI 1, 5 (2020). | • Daizy Chawla, “Advance Ruling Under GST Regime”, LTJR 2, 12 (2020). | • Ajit Saxena, “Authority for advance rulings in indirect taxes” ILR 215, 224 (2019). | Case Referred | 1. Nanak Road v. Advance Ruling Authority | 2. R.B. Shreeram Durga Prasad and Fatehchand Nursing Das v. Settlement Commission (IT | & WT). | 3. Jsw Energy Limited v. Union of India | 4. CBIC v. Kullu Valley Transport Co. Ltd. | 5. In re M/S Anil Kumar Agrawal, Karnataka | 6. In re M/s Clay Craft India Pvt. Ltd., Rajasthan | 7. In re M/s Giriraj Renewables Private Ltd. (AAR Karnataka) | 8. In re M/s Giriraj Renewables Private Ltd. (AAR Maharashtra) | Volume 2 – Issue 1 ISSN: 2582-9947
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