Authority Of Advance Ruling The GST Regime

- Adv Sherry Samuel Oommen

The Government of Kerala under the aegis of the Honorable High Court of Kerala in the case of Messrs Eten Craft Holdings Private Limited (2017-VIL-576-KER) recently constituted the Authority for Advance Ruling. Further, the Kerala High Court taking note of the instructions of the Government also directed the concerned authority to accept manual filing of applications.

Concept of Advance Ruling

The concept of Advance Ruling was conceptualized by the Direct Taxes Enquiry Committee in 1971 headed by Justice K N Wanchoo. Though the system was ultimately implemented in 1993, the Authority for Advance Ruling (AAR) was instituted as a mechanism to prevent litigation, pre-empt or plan tax liability, and to foster at large a business-friendly environment where tax payers could approach the revenue authorities for ascertaining the proper legal position.

While the system of AAR was prevalent in the direct tax laws in the country, the said mechanism slowly started emerging in the indirect tax system in the country. The concept of AAR has now been grandfathered even in the GST regime, with its twists and turns.

Advance ruling in the GST regime