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Archive: 30 July 2020

Posts in 30 July 2020

Benefit of lower rate of 5% GST Rate not applicable to bulk drug Danuorubicin, Epirubicin, Idarubicin & Zoledronin Acid

July 30, 2020 1089 Views 0 comment Print

In re Sterling Biotech Ltd. (GST AAR Gujarat) It is an admitted fact that the product being supplied by the applicant cannot be directly administered in a human being. The concessional rate of GST is applicable only to the medicine or drugs, which are ready for administering in the human being or person. In the […]

‘Urine Collection Bags’ attract 5% GST

July 30, 2020 5502 Views 0 comment Print

In re Narendrakumar Manilal Patel (National Health Care (GST AAR Gujarat) In this case, we find that the entry No. 257 of Schedule-I of Notification No.01/2017-Central Tax(Rate) dated 28.06.2017 provides a more specific description of the product manufactured and supplied by the applicant as there is a specific entry of ‘Urine Collection Bag’ at Entry […]

Eligibility for IGST refunds when applicant avails duty exemption but opt to pay IGST on import under Advance Authorization

July 30, 2020 1509 Views 0 comment Print

In re Balkrishna Indstries (GST AAR Gujarat) AAR held that availing exemption under Notification No.79/2017-Cus dated 13.10.2017 in respect of additional duty of Customs under sub-Section (1), (3) and (5) of Section 3, anti-dumping duty under section 9A, but opting to pay IGST on the import of goods under Advance Authorization, would tantamount to availing […]

GST on recovery of Notice Pay from employees

July 30, 2020 23193 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAR Gujrat) Whether the applicant is liable to pay GST on recovery of Notice Pay from the employees who are leaving the company without completing the notice period as specified in the Appointment Letter issued as per the contract entered between Employer and the Employee? We find that […]

GST on amount recovered from employee on account of third party canteen services

July 30, 2020 11289 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAR Gujarat) Whether GST is applicable on the amount recovered from employee on account of third party canteen services which is obligatory under Section 46 of the Factories Act, provided by company? In this case, a moot point is to be decided as to whether GST is applicable […]

Maize Bran’ is not a ‘cattle feed’ hence 5% GST Payable

July 30, 2020 4143 Views 0 comment Print

In re Sanstar Biopolymers Limited (GST AAR Gujarat) The product ‘Maize Bran’ manufactured and supplied by the applicant is not a ‘cattle feed’ and hence, is not covered under Entry at Sr.No.102 of the Notification No.2/2017-Central Tax (Rate) dated 28.06.2017, as amended. But, it will fall under the Entry at Sr.No.103A of the Notification No.1/2017-Central […]

No GST exemption on education services by Vikram A Sarabhai Community Science Centre

July 30, 2020 753 Views 0 comment Print

In re Vikram A Sarabhai Community Science Centre (GST AAR Gujarat) Vikram A Sarabhai Community Science Centre was established by India’s renowned Scientist, Dr. Vikram Sarabhai in 1966 to take students, from both school and college, out of the rigid framework of textbook and encourage them to think, explore and crate. It is a pioneering […]

GST on Wear plates & Tamping Tool manufactured & supplied to Railways

July 30, 2020 2982 Views 0 comment Print

Whether supply to be made by the applicant of Wear Plates and Tamping Tools as manufactured specifically as per RDSO Drawing, directly to the Railway Authorities as per the Order received from M/s Trio Enterprise, should fall under HSN 86040000 & classified under Chapter 86 and should be taxed GST @ 5%?

GST: LNG jetties not falls within expression ‘plant & machinery’

July 30, 2020 1302 Views 0 comment Print

In re Swan LNG Pvt. Ltd. (GST AAR Gujarat) Question-1: Whether in terms of Section 17 of the CGST Act, 2017 read with GGST Act, 2017, the LNG jetties proposed to be built by the applicant can be said to be covered within expression ‘plant and machinery’ as foundation to equipment, apparatus, machinery to be […]

GST on Transportation Service from Magdalla Port to its General Lighterage Area

July 30, 2020 498 Views 0 comment Print

In re Sagar Stevedores Pvt. Ltd. (GST AAR Gujarat) 1. The service of transportation of goods carried out by M/s.Shree Sagar Stevedoirs pvt.ltd. from Magdalla Port, Surat to its General Lighterage Area of Magdalla Port (from where the Mother Vessel are anchored) or vice versa, does not fall within the state of Gujarat and does […]

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