The ‘As Is Where Is’/ ‘As Is’ Enigma : An Analysis—Adyasha Mohanty

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The Tax Publishers GST--General The 'As Is Where Is'/'As Is' Enigma : An Analysis Adyasha Mohanty The learned author seeks to make an overview of 'as is where is/As is' enigma under the GST law and its true implications. 1. GST Regularization: Clarifying the 'As Is Where Is' Basis The GST Council has taken a proactive approach to resolve contentious issues under GST by recommending that the Central Board of Indirect Taxes (CBIC) issue circulars to clarify the tax treatment of various transactions. Recently, the GST Council proposed that the CBIC regularized certain common trade practices on 'as is where is' or 'as is' basis. Acting on these recommendations, the CBIC issued several circulars addressing issues such as the tax rate applied to certain supplies in the past, regularized on 'as is where is' basis. Some circulars also employed the term 'as is' basis, which attracted significant attention due to the ambiguity surrounding its precise meaning. The Hon'ble Gujarat High Court provided limited clarification on the scope of these terms[1]. Following this, the CBIC issued further clarification in its Circular No. 236/30/2024-GST, dated 11-10-2024. This article aims to explore the concept of regularization on 'as is where is' or 'as is' basis, as well as the uncertainties that taxpayers continue to face in this regard. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

GST--General

The 'As Is Where Is'/'As Is' Enigma : An Analysis

Adyasha Mohanty

The learned author seeks to make an overview of 'as is where is/As is' enigma under the GST law and its true implications.

1. GST Regularization: Clarifying the 'As Is Where Is' Basis

The GST Council has taken a proactive approach to resolve contentious issues under GST by recommending that the Central Board of Indirect Taxes (CBIC) issue circulars to clarify the tax treatment of various transactions. Recently, the GST Council proposed that the CBIC regularized certain common trade practices on 'as is where is' or 'as is' basis. Acting on these recommendations, the CBIC issued several circulars addressing issues such as the tax rate applied to certain supplies in the past, regularized on 'as is where is' basis. Some circulars also employed the term 'as is' basis, which attracted significant attention due to the ambiguity surrounding its precise meaning.

The Hon'ble Gujarat High Court provided limited clarification on the scope of these terms[1]. Following this, the CBIC issued further clarification in its Circular No. 236/30/2024-GST, dated 11-10-2024. This article aims to explore the concept of regularization on 'as is where is' or 'as is' basis, as well as the uncertainties that taxpayers continue to face in this regard.