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Archive: December, 2020

Posts in December, 2020

AAR application rejected as question raised in application is already pending

December 16, 2020 666 Views 0 comment Print

In re Dempo Diary Industries Limited (AAR Karnataka) The applicant themselves admitted that M/s KMF hold 90% shares and hence have management / administrative control over the applicant. M/s KMF are the owners of `Nandini’ brand, against whom an offence case is pending before DGGI, Bengaluru on classification of flavoured milk. Thus it is very […]

Classification of Flavored Milk : AAR rejects application U/s. 98(2)

December 16, 2020 1545 Views 0 comment Print

In re Bengaluru Co-Operative Milk Union Ltd (GST AAR Karnataka) Whether the Flavored Milk is liable to be classified under HSN 0402 99 90 or under 2202 99 30 or under any other Chapter? The applicant themselves admitted that they are one of the share holders of M/s KMF, who are the owners of `Nandini’ […]

AAR cannot give ruling on issue which is under Investigation

December 16, 2020 1428 Views 0 comment Print

In re Sri. V. Mohandas Pai – Prop. Dheeraj Enterprises. (GST AAR Karnataka) We examine the records and observe that the instant application has been filed on 22.09.2020 and the question raised there in is about the classification of the services being provided by the applicant. It is an undisputed fact that a search, of […]

HC grants Anticipatory Bail to Ex Manipur CM In alleged Money Laundering Case

December 16, 2020 1665 Views 0 comment Print

Okram Ibobi Singh Vs Directorate of Enforcement (Manipur High Court) Petitioner is the Ex-Chief Minister of the State and it is not as if he will run away from the prosecution, if any, initiated against him. The learned counsel for the petitioner, during the course of the arguments, explicitly stated that the petitioner would extend […]

GST on NMET & DMF contributions for Mining License by Govt

December 16, 2020 4554 Views 0 comment Print

In re Manyam Venkata Rajini (GST AAR  Andhra Pradesh) Question: Whether in the facts and circumstances the contributions to National Mineral Exploration Trust (NMET) and District Mineral Foundation (DMF) under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR) read with National Mineral Exploration Trust Rules, 2015 (‘NMETR’) and Mines and Minerals (Contribution to […]

GST Payable on consideration for Mining services to Government under RCM

December 16, 2020 1878 Views 0 comment Print

In re Manyam Venkateswara Rao (GST AAR Andhra Pradesh) Question: Whether in the facts and circumstances the contributions to National Mineral Exploration Trust (NMET) and District Mineral Foundation (DMF) under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR) read with National Mineral Exploration Trust Rules, 2015 (‘NMETR’) and Mines and Minerals (Contribution to […]

Contributions to NMET & DMP is consideration for supply of mining service: AAR

December 16, 2020 975 Views 0 comment Print

In re Vempati Veerraju (GST AAR Andhra Pradesh) Question: Whether in the facts and circumstances the contributions to National Mineral Exploration Trust (NMET) and District Mineral Foundation (DMF) under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR) read with National Mineral Exploration Trust Rules, 2015 (‘NMETR’) and Mines and Minerals (Contribution to District […]

Contributions to NMET & DMF qualifies as consideration for supply of mining service

December 16, 2020 11772 Views 0 comment Print

In re Andru Sujatha (GST AAR Andhra Pradesh) The contributions to National Mineral Exploration Trust (NMET) and District Mineral Foundation (DMF) qualify as consideration towards supply of mining service by Andhra Pradesh Government and they being includible under value of supply, are chargeable to GST under the Reverse Charge Mechanism in the hands of the […]

GST under RCM payable on supply of Mining Services by Government to business entity 

December 16, 2020 4863 Views 0 comment Print

In re Andru Usha Rani (GST AAR Andhra Pradesh) Argument of the applicant that Royalty is only a measure of NMET and DMF contributions and cannot be equated with NMET and DMF and that NMET and DMF are not in respect of single supply of service i.e. licensing that warrants clubbing of all amounts i.e. […]

Mining Services | Compulsory payment of DMF & NMET | GST Payable under RCM

December 16, 2020 7602 Views 0 comment Print

In re Andru Anantha Padma KotiSatyavathi (GST AAR Andhra Pradesh) The service provided is only the license to extract mineral ore and also the right to use such minerals extracted is a single service where the consideration is payable under three heads and in case any one of the payments is not made, the service […]

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