With AARs in different states started giving rulings since March, it has become imperative for the Centre as well as states to set up the Appellate Authority for Advance Ruling (AAAR), an official said.
“The Secretariat of the GST Council has shot off letters to the states as well as the Central Board of Indirect Taxes and Customs (CBIC) to nominate members to the AAAR on an urgent basis so that they can start functioning,” the official told.
So far only 12 states, including West Bengal, Gujarat, Madhya Pradesh, Rajasthan, Tamil Nadu and Uttar Pradesh, have issued notifications for setting up AAARs. However, these have not become operational as the members have not yet been appointed.
As per the State GST law, the appellate authority will have two members– the Chief Commissioner of Central tax as designated by CBIC and the Commissioner of State tax.
The appellate authority has been mandated to pass order within 90 days of the filing of appeal.
Under the GST (Goods and Services Tax) law, an aggrieved party can file an appeal against the order of the AAR within a period of 30 days, which may be further extended by a month.
As per the law, all states are required to set up at least one AAR for seeking advance ruling over GST levy and one appellate authority to hear appeals against the AAR order.
According to experts, the business entities, which are aggrieved by the decision of AAR, currently do not have any remedy in the absence of an appellate authority.
Source: Economic Times
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