AAR cannot decide if Decision of GST Council for which no notification been issued is binding on department or not?

In re Indian Institute of Science Education And Research (GST AAR Odisha)

1. Notification No-51/1996-Customs, dated 23.07.1996 read with Notification No-43/2017-Customs dated 30.06.2017 and Minutes of the 14th.GST Council Decision dated 18th. /19th. May, 2017 is applicable to the Applicant for import of specified Equipments as listed under column (3) of the aforesaid notifications and the said notifications are not applicable to the OEM suppliers of imported equipment.

2. The scope of issuing a ruling u/s 98 of the OGST/CGST Act is limited to the extent prescribed in sub-section (2) of Section 97 of the OGST/CGST Act. A ruling on whether the decision of the GST Council granting the exemption is binding on the Department in the absence of non-issuance of corresponding Notification by the Central/State Government is not within the competence and mandate of the Authority of Advance Ruling constituted u/s 96 of the OGST Act.

3. Concessional rate of GST/IGST at 5% vide Notification No-45-CGST (Rate), Dt: 14.11.2017 and Notification No. 47-IGST (Rate) Dt. 14.11.2017 is applicable to the goods mentioned at para 6.3.0 as above whether imported or indigenous.

AAAR Ruling in above case- Public funded research institution exempt from IGST on import of specified goods

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