Advance Ruling Not Maintainable Under Section 97 Where No Supply Is Undertaken: AAR:

Kerala AAR rejected the applicant’s plea, holding that the advance ruling sought on the raised questions is not allowed under Section 97 of the CGST/KSGST Acts.
Scope of Section 97 Explained

Advance Ruling Not Maintainable Under Section 97 Where No Supply Is Undertaken: AAR
The applicant, Shri M. C. Prasanth, has filed an application seeking the Kerala Authority for Advance Ruling (AAR) under Section 97 of the Central Goods and Services Tax Act, 2017, and the Kerala State Goods and Services Tax Act, 2017, clarifying certain queries in relation to its business. The applicant is the proprietor of the company M.C. Associates, located at Thana, Kannur, Kerala 670012.
Questions Raised by Applicant:
The following are the questions asked by the applicant seeking the AAR Kerala:
"Question 1: Whether rent paid by the applicant (a voluntarily registered person dealing exclusively in exempted goods) to an unregistered landlord for commercial space is liable to GST under the Reverse Charge Mechanism?
- If RCM applies, whether the liability arises under Section 9(3) or Section 9(4) of the CGST Act, 2017?
- If RCM does not apply, what is the legal basis for exemption?
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Saloni Kumari
Content Writer
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
Saloni is a Content Writer with 2+ years of experience at studycafe.in. She writes legal, taxation, and finance related content including GST, Income Tax etc. Skilled in translating complex judicial pronouncements and regulatory developments into clear, and reader-friendly articles. Experienced in covering judgements of ITAT, High Court, GSTAT, and news related to Income Tax, GST, and corporate law. She can be reached at [email protected].
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