Authority rectifies ruling, allows applicant to opt for self-tax payment under Notification No.2/2019-Central Tax. The authority rectified the Advance Ruling order, confirming the applicant's eligibility to opt for self-payment of tax under Notification ...
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Authority rectifies ruling, allows applicant to opt for self-tax payment under Notification No.2/2019-Central Tax.
The authority rectified the Advance Ruling order, confirming the applicant's eligibility to opt for self-payment of tax under Notification No.2/2019-Central Tax (Rate) dated 07.03.2019 from 01.04.2019 onwards. The applicant, initially deemed ineligible, was found to have transitioned to self-payment basis from that date, rectifying the mistake in the ruling and allowing them to avail the benefits of the notification as per their chosen tax payment method.
Issues: Rectification of mistake in Advance Ruling order regarding eligibility to opt for self-payment of tax under Notification No.2/2019-Central Tax (Rate) dated 07.03.2019.
Analysis: 1. The applicant, a trading center, filed for rectification of a mistake in the Advance Ruling order, claiming they were not eligible to opt for self-payment of tax under Notification No.2/2019-Central Tax (Rate) dated 07.03.2019, as ruled by the authority. They argued that although not registered under Section 10 of the Composition Scheme, they opted for self-payment of tax under the said notification, which was a mistake on record.
2. Upon examination of the GST returns, it was found that the applicant was a regular taxpayer until 31.03.2019, consistently filing GSTR-3B returns and discharging applicable taxes. Therefore, the applicant was not a composition tax payer until the mentioned date. However, from 01.04.2019, the applicant chose to avail the benefits of Notification No.2/2019-Central Tax (Rate) dated 07.03.2019, and started discharging relevant taxes through self-payment basis PMT-08. The notification could be availed from the start of the financial year or from the registration date in cases of new registrations during the year, which the applicant did from 01.04.2019.
3. After considering the submissions and examining the facts, the authority rectified the ruling, acknowledging that the applicant had indeed opted for self-payment of tax under Notification No.2/2019-Central Tax (Rate) dated 07.03.2019 from 01.04.2019 onwards. Therefore, the mistake in the initial ruling was rectified, ensuring the applicant's eligibility to avail the benefits of the said notification as per their chosen method of tax payment.
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