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Section 104: Advance ruling to be void in certain circumstances.

The Central Goods and Services Tax Act, 2017Central Act · Act 12 of 2017

(1) Where the Authority or the Appellate Authority [or the National Appellate Authority] finds that advance ruling pronounced by it under sub-section (4) of section 98 or under sub-section (1) of section 101 [or under section 101C] has been obtained by the applicant or the appellant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declare such ruling to be void ab-initio and thereupon all the provisions of this Act or the rules made thereunder shall apply to the applicant or the appellant as if such advance ruling had never been made:

Provided that no order shall be passed under this sub-section unless an opportunity of being heard has been given to the applicant or the appellant.

Explanation.--- The period beginning with the date of such advance ruling and ending with the date of order under this sub-section shall be excluded while computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74 [or sub-sections (2) and (7) of section 74A].

(2) A copy of the order made under sub-section (1) shall be sent to the applicant, the concerned officer and the jurisdictional officer.

Where this provision sits

ActThe Central Goods and Services Tax Act, 2017
Section104
Marginal noteAdvance ruling to be void in certain circumstances.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 23 of 2019. . Ins. by Act 23 of 2019, s. 108 (w.e.f. 1-1-2020).
  • inserted, Act 15 of 2024. . Ins. by Act 15 of 2024, s. 140 (w.e.f. 1-11-2024)

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