Section 98 of CGST Act

Procedure on receipt of application

 

 

  • Enforced with effect from 1-7-2017.

 

 

Section 98 (1)

 

On receipt of an application,

the Authority shall cause a copy thereof to be forwarded to the concerned officer and, if necessary, call upon him to furnish the relevant records:

 

Provided that where any records have been called for by the Authority in any case, such records shall, as soon as possible, be returned to the said concerned officer.

 

Section 98 (2)

 

The Authority may,

after examining the application and the records called for and after hearing the applicant or his authorised representative and the concerned officer or his authorised representative, by order, either admit or reject the application:

 

Provided that the Authority shall not admit the application

where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act:

 

Provided further that no application shall be rejected under this sub-section unless an opportunity of hearing has been given to the applicant:

 

Provided also that where the application is rejected, the reasons for such rejection shall be specified in the order.

 

Section 98 (3)


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

 

Section 98 (4)

 

Where an application is admitted under sub-section (2), the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the Authority and after providing an opportunity of being heard to the applicant or his authorised representative as well as to the concerned officer or his authorised representative, pronounce its advance ruling on the question specified in the application.

 

Section 98 (5)

 

Where the members of the Authority differ on any question on which the advance ruling is sought,

they shall state the point or points on which they differ and make a reference to the Appellate Authority for hearing and decision on such question.

 

Section 98 (6)

 

The Authority shall pronounce its advance ruling in writing within ninety days from the date of receipt of application.

 

Section 98 (7)

 

A copy of the advance ruling pronounced by the Authority duly signed by the members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer and the jurisdictional officer after such pronouncement.

 

 

 

 

  • See rules 105 of the CGST Rules, 2017.
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