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Section 104: Advance ruling to be void in certain circumstances

The Uttar Pradesh Goods and Services Tax Act, 2017State Act of Uttar Pradesh · Act 1 of 2017

(1) (1) Where the Authority or the Appellate Authority finds that advance ruling pronounced by it under sub-section (4) of section 98 or under sub-section (1) of section 101 has been obtained by the applicant or the appellant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declares such ruling to be void ab-initio and thereupon all the provisions of this Act or the rules made there under 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 subsection 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-section (2) and (10) of section 73 or sub-section (2) and (10) of section 74 3[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 Uttar Pradesh Goods and Services Tax Act, 2017
Section104
Marginal noteAdvance ruling to be void in certain circumstances
JurisdictionState of Uttar Pradesh
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, U.P. Act No. 17 of 2024. Ins. by sec. 28 of U.P. Act No. 17 of 2024.

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