The Government of West Bengal on December 16, 2024, issued clarifications regarding the scope of “as is / as is, where is basis” mentioned in the GST Circulars issued on the basis of recommendation of the GST Council in its meetings.
The following has been stated: -
•The GST Council clarified that regularization on an "as is / as is, where is" basis means accepting payments made at a lower GST rate or under the exemption as a full discharge of tax liability, without any refund for those who paid a higher rate.
•This applies to cases with competing tax rates or exemptions, where suppliers had paid a lower rate due to differing interpretations.
•The intention is to regularize such cases based on the tax positions declared in returns.
The detailed circular is given in the document below.
[Trade Circular No. 29/2024]
