An advance ruling is a written, applicant-specific decision on questions permitted by section 97(2) of the CGST Act. Apply before the state/UT AAR in GST ARA-01 with the prescribed fee. A ruling binds only the applicant and the concerned or jurisdictional officer while the supporting law, facts and circumstances remain unchanged.
Current law first, source draft second
This page preserves the useful intent of the supplied draft but corrects duplicated text, outdated dates, unsupported statistics and overbroad legal statements. Rates and portal procedures can change; verify the live notification and facts before filing or pricing.
Who may apply
A person registered under GST, or a person who wishes to obtain registration, may apply. A foreign company does not receive a separate blanket entitlement merely because it is foreign; eligibility and the relevant state authority depend on the proposed or existing taxable activity and registration facts.
Step-by-step process
Define the proposed transaction and question; select only a section 97(2) issue; collect contracts, invoices, technical literature and legal submissions; file ARA-01 and pay the prescribed fees; answer jurisdictional comments; attend the hearing; and test the final order against the exact facts before implementation.
Admission, hearing and order
The AAR forwards the application to the concerned officer, obtains records where required, hears the applicant or authorised representative, and may admit or reject the application. A rejection requires an opportunity of hearing and reasons. Where admitted, the Authority examines the material and pronounces its ruling.
Binding effect and appeal
The ruling is not a nationwide precedent. It binds the applicant and relevant officers only. An aggrieved applicant appeals in ARA-02; the concerned or jurisdictional officer uses ARA-03. If AAAR members differ, no appellate ruling is issued on the point of difference.
When an advance ruling is useful
Use it before pricing or launching a material transaction where genuine ambiguity affects contracts, margins, ITC or registration. It is less suitable when facts are unsettled, the issue is already in proceedings, or a business wants general industry-wide immunity.
Risk controls
Disclose every material fact, frame a narrow question, reconcile central and state fees, distinguish proposed from completed supplies, and do not market another taxpayer’s ruling as binding authority. A ruling obtained by fraud or suppression can be declared void ab initio.
Get the GST position checked before acting
Map the transaction, effective date, registration, classification, valuation, input credit and return treatment to the current law and documents.
Request a GST compliance reviewFrequently asked questions
Can an unregistered person apply?
Yes, a person who wishes to obtain GST registration may apply, subject to the jurisdictional and factual requirements.
What questions are allowed?
Only the matters listed in section 97(2), including classification, notification, time or value, ITC, liability, registration and whether an activity is a supply.
Which form starts the process?
GST ARA-01 is the applicant’s form for an advance ruling.
Is the ruling binding on every taxpayer?
No. It binds the applicant and the concerned or jurisdictional officer in respect of that applicant.
How long is the appeal period?
The ordinary statutory period is 30 days from communication, with possible condonation up to a further 30 days for sufficient cause.
Can an ongoing dispute be taken to AAR?
A question already pending or decided in proceedings concerning the applicant is generally barred under section 98(2).
Can a ruling stop applying?
Yes. Its binding force depends on unchanged law, facts and circumstances; fraud or suppression can also make it void from inception.