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Hindustan Shipyard GST AAR Rectification Order Summary

Case Law Details

TaxGuru Citation
2024 taxguru.in 5856
Case Name
In re Hindustan Shipyard Limited (GST AAR Andhra Pradesh)
Date of Judgement/Order
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In re Hindustan Shipyard Limited (GST AAR Andhra Pradesh)

Rectification of AR order under section 102 read with section 97 of Central Goods and Service Tax Act,2017 and Andhra Pradesh Goods and Services Tax Act, 2017) for the order number AAR No. 08/AP/GST/2024 Dt:17-05-2024.

Hindustan Shipyard Limited (HSL) filed a rectification request under the provisions of the CGST Act and APGST Act following a ruling issued on May 17, 2024, by the Authority for Advance Rulings (AAR), Andhra Pradesh. The company sought clarifications on two points in the original ruling, which was received on May 24, 2024. The first issue raised by HSL concerned the applicability of the Integrated Goods and Services Tax (IGST) on the approved list of equipment. HSL requested that the final order specify that the equipment should be chargeable at 5% IGST under Serial No. 252 of Schedule I of Notifications No. 01/2017-Integrated tax and No. 01/2017-Central tax. However, the AAR clarified that since the tax rate under IGST is the sum of CGST and SGST/UGST, no specific mention of IGST was necessary, as the rates for CGST and SGST would be sufficient to apply the same tax rate under IGST. Therefore, HSL’s request was not considered for rectification.

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