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.
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Regularization on as is basis accepts lower or nil tax as full discharge; no refunds to higher-paying taxpayers. The circular clarifies that regularisation on an 'as is' or 'as is, where is' basis accepts payment of tax at a lower rate or nil as a full discharge of tax liability for the period regularised; taxpayers who paid a higher rate are not entitled to refunds, and the tax position declared in returns is the operative record. Where Council regularisation favours a higher rate, non-payment is not regularised and the tax will be recovered from non-payers.
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 accepts lower or nil tax as full discharge; no refunds to higher-paying taxpayers.
The circular clarifies that regularisation on an "as is" or "as is, where is" basis accepts payment of tax at a lower rate or nil as a full discharge of tax liability for the period regularised; taxpayers who paid a higher rate are not entitled to refunds, and the tax position declared in returns is the operative record. Where Council regularisation favours a higher rate, non-payment is not regularised and the tax will be recovered from non-payers.
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