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Surveying Indian market for foreign group co. is Market Research not Support Service

September 5, 2018 6474 Views 0 comment Print

In re Asahi Kasei India Private Limited (GST AAR Maharashtra) Question:- 1. Whether the service supplied by the Applicant under the Service Agreement dated 1 March 2013 constitute a supply of ‘Support services’ falling under HSN code 9985 ‘Intermediary service’ classifiable under HSN code 9961 /9962? Answer (i) The services provided by the applicant in the […]

Levy of GST Rate applicable in case of “Neem Seed”

September 5, 2018 15789 Views 0 comment Print

The Neem fruit is known as ‘Nimouli’ in Chhattisgarh and is collected in both fresh and dry forms and is used for making neem oil only, after drying the neem seed. Dry neem fruit is not generally used for trading for horticulture or agro-based commercial purpose i.e. dry neem fruit is not identifiable with seed commercially.

S. 40A(3) Validity of Cash payments exceeding limit to Electricity Board

September 4, 2018 2844 Views 0 comment Print

Ayub Ali Vs ACIT (ITAT Jaipur) The assessee has entered into an agreement with a Government Hospital in Bikaner whereby it operates the MRI and CT Scan machines. The nature of such activities therefore demand a continuous supply of electricity and the assessee cannot risk the life of the patients especially those admitted in emergency […]

Input tax credit on goods available only on receipt of goods

August 30, 2018 19947 Views 0 comment Print

In re M/s Pasco Motor LLP (GST AAR Haryana) In case of invoices being raised by supplier in previous month and goods being received in the succeeding month, input tax credit on goods so received shall be available to the applicant, only when applicant has received the goods. The liability to pay tax shall arise […]

Sampada Caterers allowed to withdraw GST advance ruling application

August 20, 2018 1284 Views 0 comment Print

In re Sampada Caterers Proprietor Mrs. Sampada Santosh Hedaoo (GST AAR Maharashtra) The present application has been filed under section 97 of the Central Goods and Services Tax  Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST and MGST Act”] by SAMPADA CATERERS, PROPRIETOR MRS. SAMPADA SANTOSH […]

Gurudev Siddha Peeth allowed to withdraw GST advance ruling application

August 20, 2018 1287 Views 0 comment Print

The Application in GST ARA form No. 01 of Gurudev Siddha peeth, vide reference ARA 35 dated 07.03.2018 and revised dated 23.05.218 is disposed off as being withdrawn unconditionally.

AAR: GST Rate on Chapatti, Corn Chips, Paratha, Naan,Pizza Bread base etc

August 20, 2018 20136 Views 0 comment Print

The Unleavened Flatbreads products such as plain chapatti, Tortilla, Tortilla Wraps, roti, Roti rolls, Wraps, Paratha and Paratha wraps are covered under Entry No. 99 A of Schedule I and they would be liable to tax @ 5% (2.5 % each for CGST and MGST and 5 % for IGST).

No TDS on export commission to non-residents for services rendered outside India

August 17, 2018 12114 Views 0 comment Print

Where payment of commission on exports to non-resident was not taxable in India due to services rendered outside India, the same was not subject to TDS under section 195.

Rate of GST on various poultry feed products- Advance Ruling

August 14, 2018 27936 Views 1 comment Print

In re Uttara Impex Private Limited (GST AAR Maharashtra) UTTRA IMPEX PRIVATE LTD is engaged in trading of various poultry feed products But company is facing some ambiguity in correct classification of Products (which are those products is not specified in question). In companies view products shall be covered under the HSN CODES 2301, 2302, […]

GST on commission in foreign exchange for rendering services as an Intermediary

August 10, 2018 33981 Views 1 comment Print

In case the intermediary services are provided to the recipient located outside India, the inter-state provisions as contained under section 7(5) (c) shall be applicable and hence IGST is payable under such transaction.

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