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Archive: 30 July 2021

Posts in 30 July 2021

12% GST payable on affordable housing projects with infrastructure status given by GOI

July 30, 2021 2649 Views 0 comment Print

In re Starworth Infrastructure And Construction Limited (GST AAR Karnataka) Whether the construction service provided by the Applicant to M/s Provident Housing Ltd., under the project ‘Provident Neora, & Provident Capella’ & to M/s Puravankara Ltd., under the project Provident Parksquare” qualifies for application of lower rate of CGST @ 6% and SGST @ 6% […]

GST on supply of tissue papers

July 30, 2021 11184 Views 0 comment Print

In re Premier Tissues India Limited (GST AAR Karnataka) Whether the supply of tissue papers by the applicant is covered under Serial No.112 of Schedule II of the Rate Notification No.01/2017 Central Tax (R) and therefore, is leviable to GST at the rate of 12%? GST rate of 12% is applicable only to Uncoated paper and […]

GST rates on works contact services on original works for Railways

July 30, 2021 9357 Views 1 comment Print

In re Bindu Projects & Co (GST AAR Karnataka) Applicability of GST rates for works contact services doing original works with South Western Railways? 1. The new constructions involved in the contract are liable to tax at 12% (6% CGST and 6% SGST) as per entry no.3(v) of Notification No. 11/2017- Central Tax (Rate) dated […]

No supply of services by employer by paying part consideration of employees’ refreshments

July 30, 2021 1191 Views 0 comment Print

Whether provision of subsidized lunch and refreshments to employee through contractors is to be treated as supply and if yes under which tarrif classification it has to be classified? The applicant merely pays the part consideration towards the cost of lunch and refreshments to their employees through contractors and hence the said activity does not amount to supply, in terms of Section 7(i)( c ) of the CGST Act 2017.

ITC on GST paid on canteen facility is inadmissible

July 30, 2021 7749 Views 1 comment Print

In re Tata Motors Ltd. (GST AAR Gujarat) TC on GST paid on canteen facility is blocked credit under Section 17(5)(b)(i) of CGST Act and inadmissible to applicant. GST, at the hands on the applicant, is not leviable on the amount representing the employees portion of canteen charges, which is collected by the applicant and […]

No GST on Books Directly Purchased & Supplied Outside India

July 30, 2021 4092 Views 0 comment Print

In re Guitar Head Publishing LLP (GST AAR Karnataka) Whether GST is payable on Guitar Head Books purchased from Amazon Inc.-USA (located outside India) in a context where the Guitar Head Books so purchased are not brought into India? We invite reference to Schedule III relevant to Section 7 of CGST Act 2017, which specifies […]

GST leviable at 12% on Job work of pharmaceutical Drugs

July 30, 2021 4194 Views 0 comment Print

In Re Romano Drugs Pvt. Ltd. (GST AAR Gujarat) What is rate of tax applicable to the Services by way of job work on Diphenylmethoxy’N’ N- diethylaminethanol HCI (Job work of pharmaceutical Drugs) , undertaken by the supplier (applicant) as per CBIC issued clarification on Job work vide circular No.126/45/2019- GST dated 22.11.2019 i.e., whether […]

Supply of Vouchers taxable as supply of goods under GST

July 30, 2021 7752 Views 0 comment Print

In re Premier Sales Promotion Pvt. Ltd. (GST AAR Karnataka) Whether the vouchers themselves, or the act of supplying them is taxable, and at what stage, for each of the three categories of transactions undertaken by the applicant and If the answer to the above question is in the affirmative, what would be the rate […]

Admissibility of ITC on Central AC Plant, Lift, New Locker Cabinet installed during Construction of New office

July 30, 2021 16740 Views 1 comment Print

In re The Varachha Co Op Bank Ltd (GST AAR Gujarat) Q. Whether the Applicant, having undertaken the Construction of their New Administrative Office, will be eligible for the ITC of following: (i) Central Air Conditioning Plant (Classified & Grouped under Plant & Machinery) (ii) New Locker Cabinet (Classified & Grouped under Locker Cabinets) (iii) […]

AAR should not give ruling based on limited information

July 30, 2021 474 Views 0 comment Print

In re Maxpressure Systems LLP (GST AAR Gujarat) Prima facie, We note that the applicant is a person who facilitates SITEC with the potential list of buyers besides the market analyses. Further with the limited material data submitted by the applicant, with no Expression of Interest/ Contract/ Agreement, we find it prudent to refrain from […]

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