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
As is where is regularization accepts lower or nil GST as full discharge and prevents refunds to higher-rate payers. The Circular defines 'as is/as is, where is' regularization to mean that when competing GST entries or interpretational doubts led to different taxpayers paying different rates (including nil), payment at the lower rate or claiming exemption shall be accepted as full discharge of tax liability for the regularized period, with no refunds to those who paid the higher rate; however, where no tax was paid and the clarified applicable rate is higher, tax shall 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.
As is where is regularization accepts lower or nil GST as full discharge and prevents refunds to higher-rate payers.
The Circular defines "as is/as is, where is" regularization to mean that when competing GST entries or interpretational doubts led to different taxpayers paying different rates (including nil), payment at the lower rate or claiming exemption shall be accepted as full discharge of tax liability for the regularized period, with no refunds to those who paid the higher rate; however, where no tax was paid and the clarified applicable rate is higher, tax shall be recovered.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.