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Notification No. 15/2018 – Union Territory Tax Explained

by Shakshi Bharti | Apr 10, 2024 | GST, 2018 Notifications, Notifications, Union Territory Tax 2018 Notifications | 0 comments

Important Keyword: Notification 15/2018 UTGST, AAAR Union Territory GST, Appellate Authority Advance Ruling UT, UTGST appellate authority constitution, GST advance ruling UT without legislature, Chandigarh GST AAAR setup,

Words: 824 Read time: 4 minutes.

[F. No. S-31011/21/2016-ST-I-DoR- Pt.1]
Government of India
Ministry of Finance
(Department of Revenue)

New Delhi, the  8 October, 2018

Notification No. 15/2018 - Union Territory Tax: Seeks to notify the constitution of the Appellate Authority for Advance Ruling in the Union Territories (without legislature).

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

G.S.R. …… (E).- In exercise of the powers conferred by section 16 of the Union territory Goods and Services Tax Act, 2017 (14 of 2017) and section 99 of Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, hereby, notifies the Constitution of the Appellate Authority for Advance Ruling in the Union territories as mentioned in column (2) of the Table below with the Members as specified in column (3) of the said Table, namely:-

Table
Sl. No.Name of Union territory of the Appellate Authority for Advance RulingName and designation of the Member
(1)(2)(3)
1.Andaman and Nicobar IslandsSh. Rakesh Kumar Sharma, Chief Commissioner of Central Tax, Kolkata Zone;
Sh. Udit Prakash, Commissioner, Goods and Services Tax, Union territory of Andaman and Nicobar Islands.
  2.  ChandigarhMs. Manoranjan Kaur Virk, Chief Commissioner of Central Tax, Chandigarh Zone;
Sh.    Ajit   Balaji   Joshi,   Excise   and     Taxation Commissioner, Union territory of Chandigarh.
3.Daman and DiuSh. Ajay Jain, Chief Commissioner of Central Tax, Vadodara Zone;
Sh. Sandeep Kumar Singh, Commissioner (Union territory Goods and Services Tax), Union territory of Daman and Diu.
4.Dadar and Nagar HaveliSh. Ajay Jain, Chief Commissioner of Central Tax, Vadodara Zone;
Sh. Kannan Gopinathan, Commissioner, (Union territory Goods and Services Tax), Union territory of Dadra and Nagar Haveli
5.LakshadweepSh. Pullela Nageswara Rao, Chief Commissioner of Central Tax, Thiruvananthapuram Zone;
Sh. Vijendra Singh Rawat, Secretary (Planning, Statistics and Taxation) (Union territory Goods and Services Tax), Union territory of Lakshadweep.

2.         This notification shall come into force on the date of its publication in the official Gazette.

(Rajendra Kumar)
Under Secretary to the
Government of India


📚 Frequently Asked Questions (FAQs): Notification No. 15/2018 – Union Territory Tax

Q1: What is Notification No. 15/2018 - Union Territory Tax?

Answer:
It notifies the constitution of the Appellate Authority for Advance Ruling (AAAR) in UTs without legislature under GST. 15

Q2: Which Union Territories are covered?

Answer:
Andaman & Nicobar Islands, Chandigarh, Daman & Diu, Dadra & Nagar Haveli, and Lakshadweep. 15

Q3: Under which section was this notification issued?

Answer:
Section 16 of UTGST Act and Section 99 of CGST Act. 15

Q4: What is AAAR?

Answer:
Appellate Authority for Advance Ruling – hears appeals against AAR orders.

Q5: Can every GST taxpayer approach AAAR?

Answer:
Only if they first applied for Advance Ruling and are aggrieved by AAR decision.

Q6: Is AAAR decision binding?

Answer:
Yes, binding on applicant and GST department (subject to judicial review).

Q7: What is time limit for appeal?

Answer:
30 days from AAR order (extendable).

Q8: Does this apply to Delhi or Puducherry?

Answer:
No, this applies to UTs without legislature.

Q9: What if AAAR members differ?

Answer:
If members differ, ruling may be considered as no ruling issued.

Q10: Is there fee for appeal?

Answer:
Yes, prescribed fee payable under GST Rules.

Q11: Can AAAR modify tax classification?

Answer:
Yes, it can confirm, modify or annul AAR ruling.

Q12: Is High Court appeal possible?

Answer:
Yes, through writ jurisdiction.

Q13: Why is advance ruling important?

Answer:
It provides tax certainty before undertaking transactions.

Q14: Does AAAR handle refund matters?

Answer:
No, only Advance Ruling appeals.

Q15: Where can I get help filing Advance Ruling application?

Answer:
Consult Finodha GST Experts:
https://finodha.in/gst-compliance/

🏁 Conclusion

Notification No. 15/2018 - Union Territory Tax strengthened GST dispute resolution in Union Territories without legislature by formally constituting the Appellate Authority for Advance Ruling.


Download PDF: Notification No. 15/2018 – Union Territory Tax


More Information: https://taxinformation.cbic.gov.in/

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