GST ACT — SECTION 98

Section 98 CGST Act — GST Advance Ruling Procedure, Admission, Rejection & Ruling

What happens after a GST advance-ruling application is filed? Can AAR reject it? What if the same question is already pending before an officer or court? How long does AAR have to pronounce the ruling?

Section 98 is the procedural heart of the original AAR stage. This guide explains the complete journey from filing to admission or rejection, hearing, order and appeal in simple language, with practical examples and common mistakes.

ScrutinyAAR examines the application and relevant records.
Admission / RejectionSection 98(2) provides the statutory gateway.
HearingApplicant and concerned officer get the prescribed opportunity.
Six MonthsSection 98(6) provides the ruling timeline from receipt of application.

1. Why Section 98 matters

Section 97 tells you how to apply. Section 98 tells you what AAR does with that application.

Filing Form ARA-01 is not the end of the process. The Authority first examines the application, obtains records where necessary, considers whether the application can be admitted, and then follows the hearing and ruling process.

Simple memory rule: Section 97 = application and permitted questions. Section 98 = scrutiny, admission/rejection, hearing and AAR ruling.

3. Section 98 in simple language

Imagine a business files an advance-ruling application asking whether its proposed service is taxable.

AAR does not simply issue an answer immediately. It first sends the application to the concerned officer, may call for records, examines the application, and determines whether the application should be admitted or rejected.

If admitted, the applicant and the concerned officer get an opportunity to be heard. The Authority then pronounces its ruling.

Application → Records → Admission / Rejection → Hearing → Ruling

4. Complete statutory structure

ProvisionWhat it does
98(1)Application is forwarded to the concerned officer; Authority may call for relevant records and must return records called for as soon as possible.
98(2)After examining the application/records and hearing the parties, Authority may admit or reject the application.
98(3)Application cannot be admitted where the question raised is already pending or decided in proceedings under the Act for the applicant, subject to the statutory wording.
98(4)Where application is admitted, Authority shall pronounce its ruling after examining material and hearing the applicant/representative and concerned/jurisdictional officer/representative.
98(5)Ruling shall be pronounced in writing and copies communicated to the applicant, concerned officer and jurisdictional officer.
98(6)Authority shall pronounce the ruling within six months from the date of receipt of the application.

This structure makes Section 98 the central procedural provision for the original AAR stage.

5. Step 1 — Application reaches AAR

The process begins with the application under Section 97(1).

The application should state the question on which the ruling is sought and comply with the prescribed form, manner and fee. Rule 104 prescribes Form GST ARA-01 and the application fee framework.

Practical lesson: An application can fail at the procedural stage even before the Authority reaches the substantive GST question. Current GST Council AAR records show 2026 applications rejected for issues such as failure to follow prescribed filing requirements or fee/payment requirements.

6. Step 2 — Records from the concerned officer

Section 98(1) requires the Authority to forward a copy of the application to the concerned officer and permits the Authority to call for relevant records.

This is important because AAR is not supposed to decide a complicated tax question in isolation from the department's relevant records.

For example, if the application concerns an existing registration, classification, notification or tax treatment, records maintained by the jurisdictional/concerned officer may help the Authority understand the factual and procedural background.

7. Step 3 — Admission or rejection

After examining the application and records and after hearing the applicant or authorised representative and the concerned officer or authorised representative, the Authority may admit or reject the application.

This is a crucial distinction:

Rejected
The Authority does not proceed to a ruling on the substantive question through the admitted-application process.
Admitted
The matter proceeds through the advance-ruling hearing and ruling stage.

8. Pending or already decided proceedings — critical rule

One of the most important limitations is that an advance-ruling application cannot be admitted where the question raised is already pending or decided in proceedings in the applicant's case under the GST law, subject to the exact statutory conditions.

This prevents the advance-ruling mechanism from being used as a parallel route to obtain another decision on a matter already before the department or other statutory process.

Before filing: Conduct a litigation and departmental-proceedings check. Review scrutiny notices, audit proceedings, show-cause notices, adjudication, appeals and other proceedings involving the same question.

9. Hearing before AAR

Once the application is admitted, Section 98(4) provides for hearing of the applicant or authorised representative and the concerned/jurisdictional officer or authorised representative.

The hearing is important because the AAR needs to test both sides of the factual and legal position.

Applicant should be ready to explain

✓ Exact transaction
✓ Contractual structure
✓ Consideration
✓ Tax treatment adopted
✓ Statutory question
✓ Relevant notification
✓ ITC position
✓ Supporting documents

10. Order of AAR

Where the application is admitted, the Authority pronounces its advance ruling in writing.

The ruling should be read carefully. The answer is connected to the exact question, facts and statutory framework presented before the Authority.

A good finance team should retain the complete ruling, application, annexures, hearing submissions and supporting documents together. The application itself is important because the binding effect under Section 103 is linked to the applicant and the matter for which the ruling was sought.

11. Six-month ruling timeline

Section 98(6) provides that the Authority shall pronounce the ruling within six months from the date of receipt of the application.

This is the statutory timeline for the original AAR ruling. It should not be confused with the time limits for filing an appeal after the ruling.

Day 0: Application received.
Early stage: Application forwarded to concerned officer and records may be called.
Admission stage: Authority considers whether the application can be admitted or rejected.
Hearing stage: Applicant and concerned/jurisdictional officer are heard.
Within six months: AAR pronounces ruling under Section 98(6).

12. CGST and SGST/UTGST AAR process

The advance-ruling framework works through corresponding CGST and State/UT GST provisions. The same transaction can therefore involve the Central and State/UT tax perspectives.

The application process and statutory fee should be checked carefully under both applicable laws and the prescribed filing procedure.

Important practical point: Recent GST Council AAR records show applications being rejected where applicants did not complete prescribed manual filing or failed to pay the required Central/State components of the fee. Do not assume that payment under only one law automatically completes the entire filing requirement.

13. Why GST AAR applications get rejected

Rejection can occur for procedural or statutory reasons. Some common categories seen in current AAR records include:

IssueWhy it matters
Question already pending/decidedAdvance ruling cannot become a parallel adjudication route.
Question outside Section 97(2)AAR jurisdiction is limited to specified questions.
Incorrect filing procedurePrescribed application procedure must be followed.
Fee not properly paidApplication fee is part of the statutory filing requirements.
Insufficient factual foundationAAR needs the transaction and facts clearly established.
Existing departmental proceedingsThe same question may create a statutory admission bar.

14. 2026 practical examples of rejection

Current GST Council records demonstrate that Section 98(2) is not merely theoretical.

In 2026, AAR orders include applications rejected under Section 98(2) for failure to comply with prescribed manual filing requirements and/or application-fee requirements. These records are a useful practical warning: a technically strong tax question can still fail if the application is not procedurally completed.

For example, recent Tamil Nadu AAR records include March and April 2026 matters rejected under Section 98(2) because the prescribed manual application was not filed and/or the required fee was not paid.

Practical takeaway: Before submitting an ARA-01 application, run a separate procedure checklist and a separate legal maintainability checklist.

15. Construction and infrastructure examples

Government construction contract

A contractor files an AAR application on whether a particular notification applies. Before filing, it should verify that the question is not already pending in an assessment/audit/proceeding involving the same applicant.

HAM project valuation

An infrastructure company wants a ruling on value of supply. It should provide the concession agreement, payment mechanism, milestones, consideration structure and relevant contractual documents.

RA bill dispute

If the same tax question is already being examined in a departmental proceeding for the applicant, Section 98 admission issues must be considered before filing an AAR application.

Project ITC

A construction company seeks an ITC ruling. The application should clearly identify each input/service, its use and the exact Section 97(2)(d) question.

16. Detailed practical cases

Case 1 — Proper application

Applicant files ARA-01, pays prescribed fee, gives a precise Section 97(2) question and provides complete facts. AAR proceeds to statutory examination.

Case 2 — Same question already under scrutiny

Department is already examining the same question for the applicant. The admission restriction under Section 98(2)/(3) must be examined.

Case 3 — Wrong filing procedure

Applicant pays only one required component or fails to follow prescribed filing requirements. Recent AAR records show such procedural failures can result in rejection.

Case 4 — Classification

Manufacturer files a classification question and supplies complete product specifications and samples/documentation.

Case 5 — Notification

Contractor identifies the exact notification and conditions and asks whether its transaction satisfies them.

Case 6 — ITC

Company identifies a specific inward service and explains business use rather than asking a broad “all ITC” question.

Case 7 — Value of supply

Applicant provides agreements and pricing calculations to support a valuation question.

Case 8 — Registration

Applicant provides turnover and supply details for a registration question.

Case 9 — Supply question

Applicant explains the actual activity and asks whether it constitutes a supply.

Case 10 — Hearing preparation

Applicant's representative prepares a clause-by-clause written submission matching the question in ARA-01.

Case 11 — AAR ruling received

Finance team compares the ruling with the exact facts and updates GST controls accordingly.

Case 12 — Appeal

If the applicant disagrees with the ruling, the Section 100 appeal route should be evaluated within the statutory period.

17. Documents checklist

✓ ARA-01
✓ Fee/payment proof
✓ GST registration
✓ PAN/entity documents
✓ Contract/work order
✓ Invoices
✓ Product/service description
✓ Process flow
✓ Relevant notifications
✓ ITC workings
✓ Valuation workings
✓ Existing departmental notices
✓ Litigation/proceedings register
✓ Written submissions

18. Professional workflow

1. Define question
Map to Section 97(2).
2. Check applicant
Confirm registration/status.
3. Litigation check
Search for pending/decided proceedings.
4. Procedure check
Form, fee, signatures and filing method.
5. Build evidence
Contracts, invoices and technical documents.
6. File
Complete prescribed AAR process.
7. Monitor admission
Respond to procedural queries.
8. Prepare hearing
Written and oral submissions.
9. Review ruling
Compare answer with exact facts.
10. Appeal/implementation
Decide next step within time.

19. Common mistakes

  • Assuming filing ARA-01 guarantees admission.
  • Ignoring Section 98 admission restrictions.
  • Failing to check whether the same question is already pending or decided.
  • Not paying the prescribed fee correctly.
  • Ignoring manual filing requirements where applicable.
  • Submitting incomplete contracts or factual information.
  • Asking a question outside Section 97(2).
  • Not preparing for the concerned officer's objections.
  • Assuming the six-month period means an immediate ruling after filing.
  • Failing to preserve the complete application and annexures after the ruling.
  • Ignoring the appeal time limit after an adverse ruling.

20. What happens after AAR ruling?

Section 98 deals with the original AAR ruling. If the applicant or jurisdictional officer is aggrieved, the appeal framework under Section 100 becomes relevant.

StageProvisionPractical action
Application97File ARA-01.
AAR procedure98Admission, hearing and ruling.
Appeal100Evaluate ARA-02/ARA-03 within statutory period.
AAAR order101Review appellate ruling.

21. Binding effect

Section 103 provides that an advance ruling is binding only on the applicant who sought it and on the concerned or jurisdictional officer in respect of that applicant, subject to the statutory conditions.

This is why the complete factual record matters. A ruling should not be detached from the applicant, transaction and facts on which it was issued.

Important: AAR ruling is not the same thing as a universally applicable notification or judicial precedent.

22. Legislative development

1 July 2017: Section 98 came into force as part of the GST advance-ruling framework.
Original architecture: The provision established the AAR process of forwarding applications, calling records, admission/rejection, hearing and ruling.
Rule framework: Rules 104–107 prescribe the application, certification and appeal procedures. Rule 104 provides ARA-01 and the prescribed fee; Rule 106 provides ARA-02 for applicants and ARA-03 for the concerned/jurisdictional officer.
Current practical evidence: GST Council's 2026 AAR database continues to record both admitted/ruling matters and Section 98(2) rejection orders, showing that the admission stage remains an active practical filter.

23. Section 98 GST FAQs

What is Section 98 of the CGST Act?

Section 98 lays down the procedure followed by the Authority for Advance Ruling after receiving an application.

Can AAR reject an advance-ruling application?

Yes. Section 98(2) permits the Authority to admit or reject an application after the statutory examination and hearing.

Why can an AAR application be rejected?

Possible reasons include statutory admission restrictions, questions outside the permitted framework and procedural deficiencies such as prescribed filing or fee requirements.

What happens if the same GST question is already pending?

The advance-ruling application may face the statutory admission bar where the question is already pending or decided in proceedings in the applicant's case.

Does AAR call for records?

Yes. Section 98(1) allows the Authority to call for relevant records from the concerned officer.

Is there a hearing before AAR?

Yes. Section 98 provides for hearing of the applicant/authorised representative and the concerned or jurisdictional officer/representative.

How long does AAR have to issue a ruling?

Section 98(6) provides six months from the date of receipt of the application.

What is Section 98(4)?

It deals with the AAR's ruling after admission, examination and hearing.

What is Section 98(6)?

It provides the six-month period for pronouncing the advance ruling.

Can a procedural defect cause rejection?

Yes. Current AAR records include Section 98(2) rejection orders involving failure to comply with prescribed filing requirements and fee requirements.

What is ARA-03?

Rule 106 provides Form GST ARA-03 for an appeal by the concerned or jurisdictional officer; no appeal fee is payable by that officer.

Does AAR ruling bind everyone?

No. Section 103 generally limits binding effect to the applicant and the concerned/jurisdictional officer for that applicant.

25. Key takeaways

  • Section 98 governs the original AAR procedure after an application is filed.
  • AAR forwards the application to the concerned officer and may call for records.
  • The Authority can admit or reject the application.
  • Pending or already decided proceedings involving the same question can prevent admission.
  • After admission, the applicant and concerned/jurisdictional officer get an opportunity to be heard.
  • AAR pronounces the ruling in writing.
  • Section 98(6) provides six months from receipt of the application for pronouncing the ruling.
  • Procedural compliance matters: current 2026 AAR records show rejection for filing and fee deficiencies.
  • After the AAR ruling, Section 100 should be considered if an appeal is required.
  • Section 103 limits the binding effect of the ruling to the applicant and relevant officer, subject to the law.

Disclaimer: This guide is for practical educational use. AAR procedure can depend on the facts, filing method, applicable State/UT framework and current Rules. Verify the operative procedure before filing.