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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....garding. Ref: Circular No. 236/30/2024-GST, dated 11.10.2024 issued by Government of India, Ministry of Finance, Department of Revenue, (Tax Research Unit), New Delhi ****** In the reference cited, the Government of India, Ministry of Finance, Department of Revenue, (Tax Research Unit), New Delhi has issued Circular No. 236/30/2024-GST, dated 11.10.2024 based on the recommendations of the GST Council. Hence, following pari-materia circular is issued. Instances were brought to the notice of the GST Council, pertaining to the prevailing doubts among the field formations/trade as regards the scope of regularization on "as is" or "as is, where is basis" vide various GST Circulars issued for clarification regarding applicable GST rat....

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....ion, whatever this condition happens to be and the transferee of property has accepted it with all its faults and defects, whether or not immediately apparent. In the context of GST, the phrase 'regularized on as is where is' basis means that the payment made at lower rate or exemption claimed by the taxpayer shall be accepted and no refund shall be made if tax has been paid at the higher rate. The intention of the Council is to regularize payment at a lower rate including nil rate due to the tax position taken by taxable person, as full discharge of tax liability. The tax position of a taxable person is reflected in the returns filed by the person where the applicable rate of tax (or relevant exemption entry) on a transaction/suppl....