TaxTMI 
TaxTMI 
2026 (2) TMI 502
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....t who had sought it in respect of any matter referred to in sub-section (2) Section 97 for advance ruling. (b) On the concerned officer or the Jurisdictional Officer in respect of the applicant. 3. In terms of Section 103(2) of the Act, this Advance Ruling shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed. 4. Advance Ruling obtained by the applicant by fraud or suppression of material facts or misrepresentation of facts, shall render such ruling to be void ab initio in accordance with Section 104 of the Act. 5. The provisions of both the Central Goods and Services Tax Act and the Tamil Nadu Goods and Services Tax Act (herein referred to as the Act) are the same exce....
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....7, refund of unutilized Input Tax Credit (ITC) is allowed where the credit has accumulated due to the rate of tax on inputs being higher than the rate of tax on output supplies; that the term 'inputs', as defined in Section 2(59), includes all goods other than capital goods used in the course or furtherance of business and also includes input goods used indirectly, such as stores and spares, packing materials, and other support materials, if they are used for taxable supplies. The applicant has also noted that CBIC Circular No. 125/44/2019-GST, in Para 122 (Page 24 of 29), clearly clarifies that ITC of GST paid on inputs including inward supplies of stores and spares, packing materials, etc., shall be available as ITC as long as these input....
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....p appeared for the personal hearing as the authorized representative (AR) of M/s. AFS Group, Chennai. The AR reiterated the submissions made in their application for advance ruling. 5.2 The AR submitted copies of Board's Circulars regarding Refund related issues, copies of write-up on inverted duty structure and refund, copies of Hon'ble High Court Orders in respect of refund issues, copies of Refund Sanction Orders in respect of two registered persons, copies of Show Cause Notice, Order-in-Original and Order-in-Appeal in respect of M/s. Subburaaj Cotton Mill Pvt Ltd. 5.3 The Members asked the AR whether they are the manufacturers of Cotton Yarn to which the AR replied that they are not manufacturers; they are consultants to various c....
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....uppliers of 100% Cotton Yarn. 6.4 Even otherwise also, the query raised by the applicant pertains to refund of unutilised ITC, which does fit into any of the clauses at (a) to (g) of Section 97(2) of the CGST Act, 2017, as enumerated below: (a) classification of any goods or services or both; (b) applicability of a notification issued under the provisions of this Act; (c) determination of time and value of supply of goods or services or both; (d) admissibility of input tax credit of tax paid or deemed to have been paid; (e) determination of the liability to pay tax on any goods or services or both; (f) whether applicant is required to be registered; (g) whether any particular....