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Archive: July, 2021

Posts in July, 2021

AAR should not give ruling based on limited information

July 30, 2021 411 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 […]

GST on incentives received under ‘Atma Nirbhar Gujarat Sahay Yojna’

July 30, 2021 4263 Views 0 comment Print

In re Rajkot Nagarik Sahakari Bank Ltd. (GST AAR Gujarat) 1. whether the incentives received under ‘Atma Nirbhar Gujarat Sahay Yojna’ dated 16.05.2020 declared by the Gujarat Govt. could be considered as subsidy and not chargeable to tax? 2. whether the incentive received under said scheme could be considered as supply of service under the […]

AAR Ruling on Reduction of Subsidy from taxable value of solar system

July 30, 2021 3834 Views 0 comment Print

In Re Greenbrilliance Renewable Energy LLP (GST AAR Gujarat) A) Whether subsidy amount is to be reduced for arriving at the taxable value of the solar system from the system price declared by the Nodal agency? And the GST liability shall be on the taxable value calculated after subtracting the subsidy amount from the system […]

ITC not admissible on AC & Cooling/Ventilation System in the process of establishing new factory

July 30, 2021 59343 Views 3 comments Print

In re Wago private limited (GST AAR Gujarat) Input tax credit is not admissible on Air-conditioning and Cooling System and Ventilation System, as this is blocked credit falling under Section 17(5)(c) CGST Act. FULL TEXT OF THE ORDER OF AUTHORITY OF ADVANCE RULING,GUJARAT BRIEF FACTS The applicant M/s.Wago Private Limited is in the process of […]

Gota/Khaman/Dalwada/Dahiwada/Dhokla/Idli/Dosa Flour classifiable under HSN 210690

July 30, 2021 6390 Views 0 comment Print

In re Kitchen Express Overseas Ltd. (GST AAR Gujarat) The products i.e. Gota Flour ii. Khaman Flour iii. Dalwada Flour iv. Dahiwada Flour v. Dhokla Flour vi. Idli Flour and vii. Dosa Flour are classifiable under HSN. 2106 90 (Others) attracting 18% GST (9% CGST + 9% SGST) as per Sl. No. 23 of Schedule-III […]

GST on Components, supplied in Sale-in-Transit transaction, without payment of tax under erstwhile CST regime

July 30, 2021 2766 Views 0 comment Print

In re Andritz Hydro Private Limited (GST AAR Tamilnadu) Whether the Components, which were supplied in Sale-in-Transit transaction, without payment of tax under the erstwhile Central Sales Tax regime, by the Applicant, i.e., AHPL to its Customer (i.e., TANGEDCO) in Tamil Nadu, will attract levy of Goods and Services Tax? The Components, which were supplied […]

Advance ruling on Classification of goods cannot be given if applicant not furnishes specifics of the supply

July 30, 2021 2505 Views 0 comment Print

In re Ashok Leyland Limited (GST AAR Tamilnadu) Whether Garbage compactor and hook loader supplied by the applicant is to be classified under Chapter Heading 8705 (special purpose motor vehicles other than those designed for transport of persons or goods) attracting IGST at 18% in terms of Sl.No.401A of Schedule III of Notification No.01/2017 Integrated […]

Bus Body Building on chassis supplied by customer on job work basis- is it supply of goods or Services?

July 30, 2021 4953 Views 0 comment Print

In re Tvl Anamallais Engineering (p) Ltd. (GST AAR Tamilnadu) 1. Whether the activity of Bus Body Building on the chassis supplied by the customer on job work basis is a supply of service or supply of goods? The activity of bus body building undertaken on the chassis supplied by the customers to the applicant […]

GST payable on transfer of leasehold rights

July 30, 2021 20994 Views 0 comment Print

In re India Pistons Limited (GST AAR Tamil Nadu) As to whether GST is payable on the transfer of leasehold rights in respect of the consideration of Rs. 15 Crores received by them from M/s. INOX Air products Private Limited for the land allotted by SIPCOT? Whether the Subsequent transfer of SIPCOTs allotted land from […]

INOX cannot utilise ITC of GST restricted under Section 17(5)(d) Charged by IPL

July 30, 2021 2397 Views 0 comment Print

In re INOX Air Products Pvt Ltd (GST AAR Tamilnadu) Whether INOX would be entitled to avail and utilize ITC of GST Charged by IPL if such transaction is considered to be a supply? In the case at hand, it is seen that INOX had paid ‘consideration’ to IPL, for agreeing to partwith their rights […]

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