THE CENTRAL GOODS AND SERVICES TAX ACT, 2017
ADVANCE RULING
Section 104:
Advance
ruling to be void in certain circumstances.
(1) Where the Authority or the Appellate Authority finds that
advance ruling pronounced by it under sub-section (4) of
section 98 or under
sub-section (1) of section 101 has been obtained by the applicant or the appellant by fraud or
suppression of material facts or misrepresentation of facts, it may, by order,
declare such ruling to be void ab-initio and
thereupon all the provisions of this Act or the rules made thereunder shall
apply to the applicant or the appellant as if such advance ruling had never
been made:
Provided that no order shall be passed under this sub-section unless an
opportunity of being heard has been given to the applicant or the appellant.
Explanation.––The period beginning with the date of such advance ruling and
ending with the date of order under this sub-section shall be excluded while
computing the period specified in sub-sections (2) and (10) of
section 73 or
sub-sections (2) and (10) of section 74.
(2)
A copy of the order made under sub-section (1) shall be sent to the applicant,
the concerned officer and the jurisdictional officer.