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Archive: January, 2021

Posts in January, 2021

Advance ruling deemed to be not in operation if difference of opinion amongst members of AAAR

January 20, 2021 705 Views 0 comment Print

Uttar Pradesh Power Corporation Ltd. (GST AAAR Uttar Pradesh) In view of difference of opinion between  the Members of Appellate Authority for Advance ruling for Goods and service Tax, Uttar Pradesh, no ruling can be issued on the Question raised  by the Appellant, in terms Of the provisions of Sub Section 3 of Section 101  […]

GST on medicines, consumables & implants used in treatment with allied services

January 20, 2021 2238 Views 0 comment Print

In re Shalby Limited (GST AAR Gujarat) Question: Whether the medicines, consumables and implants used in the course of providing health care services to in-patients for diagnosis or treatment for patients opting with or without packages along with allied services i.e. (room rent/food/doctor fees Etc.) provided by hospital would be considered as ‘Composite Supply and […]

Classification & GST Rate applicable on supply of Plastic Toys

January 20, 2021 6936 Views 0 comment Print

In re I-tech Plast India Pvt.Ltd. (GST AAR Gujarat) Question-1: What is the appropriate classification and rate of GST applicable on supply of the Plastic Toys under CGST and SGST? Answer: The classification of the product ‘Plastic toys’ manufactured and supplied by the applicant M/s. I-tech Plast India pvt.ltd., Survey No.108-109, Bhavnagar-Rajkot Highway, Shampara, Bhavnagar (as […]

AAR cannot give Ruling on Place of Supply

January 20, 2021 807 Views 0 comment Print

In re Unlimited Unnati Pvt. Ltd ( GST AAR Gujarat) Question-1: Whether our service provided to recipient of foreign country will be considered as export and zero rated supply? Answer: No answer is provided to the applicant M/s. Unlimited Unnati pvt.ltd., 33, New York Tower-A, 3rd floor, S.G. Road, Thaltej, Ahmedabad on the following grounds: […]

NID is a Government Authority & liable to register as GST deductor

January 20, 2021 1392 Views 0 comment Print

Since it has been established from the discussions hereinabove, that NID has been formed by an Act of Parliament, the applicant will have to register themselves as a tax deductor under the provisions of Section 24 of the CGST Act, 2017 read with Section 51 of the Act, if they fulfil the condition of ‘fifty-one percent, or more participation of Government by way of equity or control, to carry out any function’.

GST on supply of Aluminium Foil Type Winding Inverter Duty Transformer

January 20, 2021 1614 Views 0 comment Print

In re Silcher Technologies Ltd. (GST AAR Gujarat) Q. Whether supply of Aluminium Foil Type Winding Inverter Duty Transformer classifiable under Chapter Heading 8504 and parts of Transformer supplied / to be supplied for initial setting up of solar project falls under Sr. No. 234 in Schedule-I to Notification No. 01/20017-Central Tax (Rate) dated 28th June, 2017 […]

GST on Contract Services by Sub-contractor for Govt project before 25.01.2018

January 20, 2021 16035 Views 0 comment Print

In re Kunal Structure (India) Pvt. Ltd. (GST AAR Gujarat) The moot issue here is to decide whether the construction service provided by the applicant in the capacity of sub-contractor to the main contractor who were in turn providing services to Central Government, State Government, Union territory, a local authority, a Governmental Authority or a […]

Classification of ‘Flavored Milk’ sold under trade name of Power Sip

January 20, 2021 2106 Views 0 comment Print

In re Vadilal Industries Ltd. (GST AAR Gujarat) Question: What would be the classification of ‘Flavored Milk’ sold under trade name of Power Sip? Answer: ‘Flavoured milk’ is classifiable under Tariff Item 2202 99 30 of the First Schedule to the Customs Tariff Act, 1975 as a ‘beverage containing milk’. Also Read AAAR Order: ‘Power Sip’ […]

GST on Capital Subsidy for Green Field Public Street Lighting System

January 20, 2021 3108 Views 0 comment Print

In re Surya Roshni LED Lighting Projects Limited (GST AAR Odisha) Question No. 1 Whether Capital Subsidy (90 per cent of Project Capital Expenditure, received by the Applicant as per SIOM Agreement and Escrow Agreement from Odisha Government / ULBs for the Green Field Public Street Lighting System in the State of Odisha is not […]

Capital Subsidy for Public Street Lighting System includible in Transaction Value for GST

January 20, 2021 870 Views 0 comment Print

In re Pinnacles Lighting Project Private Limited Question No. 1 Whether in facts and circumstances of the case, the activities of supply installation, operation and maintenance of Greenfield Public Street Lighting System (GPSLS) carried out by the Applicant is classifiable as a supply of Works Contract Services? Answer: – Answered in the negative. Question No.2 […]

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