Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether an advance ruling application can be admitted when it is not accompanied by the requisite fee prescribed under the GST law.
Analysis: The application for advance ruling was required to comply with section 97(1) of the Central Goods and Services Tax Act, 2017 and the corresponding provision of the Himachal Pradesh Goods and Services Tax Act, 2017, which contemplate an application in the prescribed form, manner and fee. Rule 104 of the Central Goods and Services Tax Rules, 2017 and the corresponding State Rules prescribe a fee of Rs. 5,000 each under the CGST and SGST heads where the ruling sought relates to both enactments. Section 98(2) empowers the Authority to admit or reject the application after examination and hearing. Since the requisite total fee of Rs. 10,000 was not deposited, the application did not satisfy the statutory requirement for consideration.
Conclusion: The application was not maintainable in the absence of the prescribed fee and was rejected.
Ratio Decidendi: Compliance with the statutory fee requirement is mandatory for admission of an advance ruling application, and non-deposit of the prescribed fee justifies rejection at the threshold.