Interpretation of the term 'As Is' or 'As Is, Where Is Basis' for regularizing the past period transactions



Quick Summary
The CBIC has issued clarifications on how past GST transactions will be regularised using the 'as is, where is' basis, following recommendations from the GST Council. This applies to situations where tax rates or exemptions were unclear prior to official clarifications. Generally, tax paid at a lower rate or claimed exemptions will be accepted, and refunds for higher rates paid will not be granted. However, this regularization does not apply to cases where no tax was paid at all.

In the recent circulars issued pursuant to 53rd and 54th GST council meeting wherein CBIC based on the recommendation of GST Council has clarified upon applicability of tax rate/classification or exemptions available in case of specified goods or services. For the period prior to issuance of said cl
Daily Limit Reached

You have reached your daily limit of 2 Free Articles

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Broadcasts
  • Daily E-Newsletter
  • Unlimited Articles Access
BEST VALUE
2 YEAR PLAN
3,499
(Inclusive of GST)
1 YEAR PLAN
1,999
(Inclusive of GST)
Buy CCI PRO Now

Already a PRO member? Login here for an ad-free experience.

FAQ :

It means that the tax position taken by a taxpayer for past transactions, such as paying a lower rate or claiming an exemption, will be accepted as the final tax liability for that period, without requiring payment of differential tax or granting refunds for higher amounts paid.

No, refunds of tax paid at a higher rate will not be granted under the 'as is, where is' regularization.

If you paid the lower rate or a nil rate in a situation with two competing rates, it will be considered as full discharge of tax liability for the regularised period.

No, the regularization does not apply to cases where no tax was paid. In such situations, the applicable tax will still need to be recovered.

The clarification covers various transactions including firewater sprinklers, co-insurance premiums, re-insurance commissions, GST on re-insurance services, and import of services by foreign airlines.


340 Views Comment   Share GST   Report


About the Author

corporates

Why Affluence Advisory for any Tax Compliance services? Affluence Advisory Pvt Ltdis a multi-disciplinary consulting and compliance firm that is managed by a specialized team of Chartered Accountants, Company Secretaries, Corporate Lawyers, and Other Professionals who are committed to providing a quality experience ... Read more

Click here to Login and post comments    OR


Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
ARTICLESHIP 16 July 2026
CA Article

Pipara & Co. LLP.

Mumbai

CA Inter

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 15 July 2026
CA Articles

Kinjal H Shah & Co.

Mumbai

CA Foundation

View Details
Company
Featured 16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT, CA SemiQualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
Featured 18 July 2026
CA Articleship

apricus india

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 08 July 2026
Article internship

AJAY SINGH AND CO LLP

Thane

CA Final

View Details