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AAAR

CRP Test Kit & HbA1c Test kit classifiable under chapter heading 3002

November 9, 2022 1971 Views 0 comment Print

CRP Test Kit and HbA1c Test kit, will be classified under chapter heading 3002, and accordingly, both the product will attract GST at the rate of 5% (CGST @2.5 % +SGST @2.5 %)

CNG Dispenser merit classification under Chapter Heading 90.32

November 9, 2022 822 Views 0 comment Print

In re Parker Hannifin India Private Limited (GST AAAR Maharashtra) CNG Dispenser does not have a pump or a pumping function. Rather, it has simpliciter inlets and outlets which allows for movement of the CNG from the storage tank to the vehicle via the CNG Dispenser. The reason for movement of the CNG is that the […]

Co-operative Housing society not eligible to claim ITC on receipt of works contract services

November 9, 2022 6627 Views 0 comment Print

AAR held that a co-operative housing society cannot claim ITC of GST paid to its appointed contractor for repairs, renovation and rehabilitation work carried out in society.

GST not payable on liquidated damages if principal supply is exempt

November 2, 2022 7374 Views 0 comment Print

In re Achampet Solar Private Limited (GST AAAR Telangana) The CBIC has issued Circular No. 178/10/2022-GST dated:3.8.2022 related to GST applicability on liquidated damages. As per para 7.1.6 of the said circular, it was, interalia, observed that when principal supply is exempt, the ancillary activities to such principal supply would not get attracted to GST. […]

Setting up of Electric Loco Shed for Railway is composite supply of works contract service

November 1, 2022 1971 Views 0 comment Print

In re HYT Engineering Company Private Limited  (GST AAAR Uttar Pradesh) Instant contract consists of transfer of property in goods, coupled with supply of services which leads to the inevitable conclusion that this is a case of Works contract, covered under the definition of “Works contract” defined under Section 2(119) of the CGST Act, 2017 supra. […]

AAAR dismisses appeal on the ground of limitation for delayed filing

November 1, 2022 1224 Views 0 comment Print

In re KRBL Infrastructure Private Limited (GST AAAR Uttar Pradesh) AAAR hold that the appeal filed by the Appellant is not admissible in eye of law and therefore, it is dismissed on the ground of limitation itself without going into the merits of the case. Since the impugned order was served on 12.02.2022 to the […]

GST exemption not applicable to production & sale of agricultural seeds: AAAR

October 31, 2022 7623 Views 7 comments Print

In re Ganga Kaveri Seeds Pvt Ltd. (GST AAAR Telangana) Appellants are in the business of production and sale of agricultural seeds. In the process of production, the applicant outsources certain services such as cleaning, drying, grading and packing to the job workers and stores the seeds in various facilities after processing them. In the […]

Advance ruling based on wrong set of facts is not valid: AAAR

October 10, 2022 1599 Views 0 comment Print

In re Hilti Manufacturing India Pvt. Ltd. (GST AAAR Gujarat) It has been submitted by appellant that inadvertently wrong facts were mentioned in the Advance Ruling Application dated 31.03.2021 filed by the appellant before the Advance Ruling Authority on 01.04.2021. It has been submitted that the GAAR had given its ruling based on the submission […]

No GST on reimbursement for charitable activities received from Government by Trust

October 7, 2022 1749 Views 0 comment Print

In re Jayshankar Gramin and Adivasi Vikas sanstha (GST AAAR Maharashtra) On perusal of the  dictionary meanings of the term subsidy, it is apparent that any money/amount granted by a government to any private person or company for undertaking any charitable activities, which are beneficial to the public, will be construed as subsidy. In the […]

Advance ruling cannot be given if appellant mis-declared facts of initiation of proceedings

October 6, 2022 642 Views 0 comment Print

In re Shalby Limited (GST AAAR Gujarat) We find that the appellant in their application for advance ruling made before the GAAR had at Para 17 of Form GST ARA-01 had ticked on both the options thereby declaring that the question raised in the application is not already pending in any proceedings in the applicant’s […]

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