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AAAR

GST on supply of works contract service to South Central Railway

April 4, 2023 1296 Views 0 comment Print

Services provided by TS Transco to South Central Railway are classifiable as ‘Works Contract Service’ falling under Chapter 99, Group 99542 and are taxable @ 18%

GST on preferential location charges & Other charges levied by a builder

March 30, 2023 6447 Views 0 comment Print

In re Puranik Builders Limited (GST AAAR Maharashtra) Insofar as the challenge to the levy of service tax on taxable services as defined under section 65(105) (zzzzu) is concerned, we do not find any merit in the contention that there is no element of service involved in the preferential location charges levied by a builder. […]

GST exemption on manpower services to various Government

March 29, 2023 13080 Views 0 comment Print

In re Sankalp Facilities and Management Services Pvt. Ltd. (GST AAAR Gujarat) Whether the appellant is liable to pay GST on manpower services provided to the Central Government, State Government, Local authorities, Governmental authorities and Government entities? AAAR held the manpower supply by the appellant for housekeeping, cleaning, security, data entry operators etc. to various […]

GST rate on services by sub-sub-contractor to sub-contractor pertaining to irrigation, construction

March 29, 2023 29256 Views 0 comment Print

In re Shreeji Earth Movers (GST AAAR Gujarat) a) At what rate of tax the liability should be determined on services provided by appellant (sub-contractors) to the main contractor pertaining to the irrigation, construction and maintenance works to the irrigation department, State of Gujarat? b) Under which head we should classify our services to execute […]

GST applies on Voluntary Gratuitous Payment From Outgoing Member: AAAR

March 23, 2023 2055 Views 0 comment Print

In re Monalisa Co-Operative Housing Society Limited (AAAR Maharashtra) In the instant case, outgoing member of the society, Mr Sanjay Prakash Sahjwani, has made payment of Rs 17,70,000/- to the society which appellant claims to be voluntary contribution on his own will and volition. On bare perusal of the affidavit submitted by the appellant in […]

GST under RCM when raw cotton is supplied by a farmer via a Kacha Arhtiya

March 20, 2023 11799 Views 0 comment Print

GST AAAR Punjab has delivered a landmark ruling on Bansal Industries, examining the applicability and interpretation of the Notification no. 43/2017-Central Tax (Rate). This judgement sheds light on the contentious issue of who bears the responsibility of tax payment under the Reverse Charge Mechanism (RCM) when raw cotton is supplied by a farmer via a Kacha Arhtiya.

Appellate authority can remand back the appeal to AAR: AAAR

March 20, 2023 1884 Views 0 comment Print

In re Punjab State Corporation Power Limited (GST AAAR Punjab) The appeal raised a question of the admissibility of Input Tax Credit (ITC), indicating a possible misinterpretation of clauses under subsection (2) of Section 97 of the CGST Act, 2017. The contention lies in whether the application was evaluated under the correct clause, considering the […]

ITC not available on vouchers received by Myntra: AAAR

February 24, 2023 2898 Views 0 comment Print

Input tax credit is not eligible on an inward supply which is held by the High Court as being neither a supply of goods or service.

Roof Mounted Air-Conditioning unit classifiable under HSN 8415: AAAR Punjab

February 21, 2023 1533 Views 0 comment Print

In re Ess Ess Kay Engineering Company Pvt (GST AAAR Punjab) Appellate Authority uphold the order AAR/GST/PB/016 dated 16th of August, 2022 issued by the Authority for Advance Ruling, Punjab and the appeal filed by the appellant M/s ESS ESS KAY ENGINEERING COMPANY PVT LTD. The appellant has conveniently overlooked the basic nature of the […]

MoHUA liable to pay GST on sale of commercial built-up space: AAAR

February 20, 2023 1317 Views 0 comment Print

In re NBCC (India) Limited (GST AAAR Delhi) Whether or not MoHUA, Government of India, is liable to pay GST on the sale of commercial built-up space? The appellant has contested that the construction activities and sale thereof are exempted from tax under Notification No. 12/2017- Central Tax (Rate) being in relation to a function […]

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