Clarification regarding the scope of “as is/as is, where is basis” mentioned in the GST Circulars issued on the basis of recommendation of the GST Council in its meetings
📋
Contents
Cases Cited
Referred In
Notifications
Circulars
Forms
Manuals
Acts
Rules & Regulations
Case Laws New
Ref Provisions New
Plus +
Source NTF
Summary
Similar
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Regularization on as is basis: lower or nil tax payments accepted as full discharge; no refunds for higher payments. Clarification explains that when GST Council-recommended Circulars regularize past GST treatment on an 'as is' or 'as is, where is' basis, taxpayers who paid a lower rate or nil and declared that position in returns will be treated as having fully discharged tax liability for the regularized period and need not pay the differential; taxpayers who paid a higher rate are not entitled to refunds. The regularization does not cover cases where no tax was paid and the correct rate is higher; in such cases the applicable tax will be recovered.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Regularization on as is basis: lower or nil tax payments accepted as full discharge; no refunds for higher payments.
Clarification explains that when GST Council-recommended Circulars regularize past GST treatment on an "as is" or "as is, where is" basis, taxpayers who paid a lower rate or nil and declared that position in returns will be treated as having fully discharged tax liability for the regularized period and need not pay the differential; taxpayers who paid a higher rate are not entitled to refunds. The regularization does not cover cases where no tax was paid and the correct rate is higher; in such cases the applicable tax will be recovered.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.