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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GST regularisation on as is basis clarifies treatment of competing rates, lower payments, nil-rate claims, and refunds. Clarifies the scope of GST regularisation made on an 'as is' or 'as is, where is basis' under circulars issued on GST Council recommendations. The clarification states that, for the regularised period, the lower rate paid, including nil rate where an exemption entry was relied upon, is to be treated as full discharge of liability, while higher-rate payments are not refundable. It explains the treatment through examples involving competing rate entries, divergent interpretations, and past period regularisation, and notes that where no tax has been paid in a case not covered by the regularisation, the applicable tax remains recoverable.
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.
GST regularisation on as is basis clarifies treatment of competing rates, lower payments, nil-rate claims, and refunds.
Clarifies the scope of GST regularisation made on an "as is" or "as is, where is basis" under circulars issued on GST Council recommendations. The clarification states that, for the regularised period, the lower rate paid, including nil rate where an exemption entry was relied upon, is to be treated as full discharge of liability, while higher-rate payments are not refundable. It explains the treatment through examples involving competing rate entries, divergent interpretations, and past period regularisation, and notes that where no tax has been paid in a case not covered by the regularisation, the applicable tax remains recoverable.
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