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 an as-is basis accepts lower-rate or exempt treatment but excludes refunds and unpaid tax. GST regularisation on an 'as is' or 'as is, where is' basis accepts the tax position reflected in filed returns where genuine doubt existed between competing rates or an exemption entry. Payment at the lower competing rate, or nil-rate treatment based on a genuine exemption doubt, is treated as full discharge for the regularised period. Taxpayers who paid at a higher rate cannot claim a refund. The regularisation does not protect cases of complete non-payment where no nil-rate or exemption position forms part of the competing tax treatments.
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 an as-is basis accepts lower-rate or exempt treatment but excludes refunds and unpaid tax.
GST regularisation on an "as is" or "as is, where is" basis accepts the tax position reflected in filed returns where genuine doubt existed between competing rates or an exemption entry. Payment at the lower competing rate, or nil-rate treatment based on a genuine exemption doubt, is treated as full discharge for the regularised period. Taxpayers who paid at a higher rate cannot claim a refund. The regularisation does not protect cases of complete non-payment where no nil-rate or exemption position forms part of the competing tax treatments.
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