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Eligibility for IGST refunds when applicant avails duty exemption but opt to pay IGST on import under Advance Authorization

July 30, 2020 1509 Views 0 comment Print

In re Balkrishna Indstries (GST AAR Gujarat) AAR held that availing exemption under Notification No.79/2017-Cus dated 13.10.2017 in respect of additional duty of Customs under sub-Section (1), (3) and (5) of Section 3, anti-dumping duty under section 9A, but opting to pay IGST on the import of goods under Advance Authorization, would tantamount to availing […]

GST on recovery of Notice Pay from employees

July 30, 2020 23193 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAR Gujrat) Whether the applicant is liable to pay GST on recovery of Notice Pay from the employees who are leaving the company without completing the notice period as specified in the Appointment Letter issued as per the contract entered between Employer and the Employee? We find that […]

Maize Bran’ is not a ‘cattle feed’ hence 5% GST Payable

July 30, 2020 4143 Views 0 comment Print

In re Sanstar Biopolymers Limited (GST AAR Gujarat) The product ‘Maize Bran’ manufactured and supplied by the applicant is not a ‘cattle feed’ and hence, is not covered under Entry at Sr.No.102 of the Notification No.2/2017-Central Tax (Rate) dated 28.06.2017, as amended. But, it will fall under the Entry at Sr.No.103A of the Notification No.1/2017-Central […]

GST: LNG jetties not falls within expression ‘plant & machinery’

July 30, 2020 1302 Views 0 comment Print

In re Swan LNG Pvt. Ltd. (GST AAR Gujarat) Question-1: Whether in terms of Section 17 of the CGST Act, 2017 read with GGST Act, 2017, the LNG jetties proposed to be built by the applicant can be said to be covered within expression ‘plant and machinery’ as foundation to equipment, apparatus, machinery to be […]

GST on Transportation Service from Magdalla Port to its General Lighterage Area

July 30, 2020 498 Views 0 comment Print

In re Sagar Stevedores Pvt. Ltd. (GST AAR Gujarat) 1. The service of transportation of goods carried out by M/s.Shree Sagar Stevedoirs pvt.ltd. from Magdalla Port, Surat to its General Lighterage Area of Magdalla Port (from where the Mother Vessel are anchored) or vice versa, does not fall within the state of Gujarat and does […]

Supply of Supari, Lime & Tobacco in single pouch is composite supply

July 30, 2020 2754 Views 0 comment Print

In re Jainish Anantkumar Patel (GST AAR Gujarat) Question: The applicant wants to trade the below mentioned items:- 1. Supari in grated form of cut in different shape in a separate pouch packing. 2. Lime (Chuno) in a separate packing. 3. Tobacco (Chewing Tobacco) in a separate packing. All the above three items will be […]

GST on Various Types of Flour, Chutney powder & Gota Mix

July 30, 2020 16257 Views 0 comment Print

In re Dipakkumar Kantilal Chotai (Talod Gruh Udyog) (GST AAR Gujarat) (1) Khaman mix flour, Gota mix flour, Handwa mix flour, Dahi wada mix flour, Dalwada mix flour, Meduvada mix flour, Pudla mix flour, Moong bhajiya mix flour, Chorafali mix flour, Bhajiya mix flour, Dhokla mix flour, Idli mix flour and Dosa mix flour are […]

GST: ‘Seat adjuster’ cannot be termed as part of seat

July 30, 2020 1725 Views 0 comment Print

In re Shiroki Technico India Pvt. Ltd. (GST AAR Gujarat) We find that the ‘seat adjuster’ merely helps in the adjustment of the seat i.e. moving it back and forth as per requirement/convenience and merely improves the efficiency and convenience of the seat but does not form a part of the seat. Even while looking […]

GST on commission received for intermediary services’

July 30, 2020 8865 Views 0 comment Print

In re Dharmshil Agencies (GST AAR Gujarat) In this case, the moot point to be decided is as to whether the services provided by the applicant are liable to CGST and SGST or IGST? For this, we first need to know the nature of the transaction carried out by the applicant. As per the submission […]

Un-fried Fryums’ classifiable under Tariff head 2106 90 99

July 30, 2020 840 Views 1 comment Print

In re Piyush Jayantilal Dobaria (Trade Name : Jay Khodiyar Agency) (GST AAR Gujarat) Q. Under which tariff Heading PAPAD of different shapes and sizes  manufactured/   supplied by the applicant would attract CGST and SGST? The product ‘Un-fried Fryums’ manufactured and supplied by applicant is classifiable under Tariff Item 2106 90 99 of the First […]

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