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AAAR

Parts & accessories of hearing aids falling under tariff item 90219010 not entitled for GST exemption

November 21, 2022 2166 Views 0 comment Print

In re Sivantos India Pvt. Ltd. (GST AAAR Karnataka) AAAR held that Since the parts and accessories of hearing aids falling under tariff item 9021 90 10 are not specifically mentioned in any of the entries of the exemption notification No 02/2017 Central Tax (Rate) and are also not specifically mentioned in either Schedule I, […]

Appeal cannot be filed against the question unanswered/rejected by AAR

November 21, 2022 2982 Views 0 comment Print

AAAR set aside order of AAR for failure in giving a ruling on question of taxability under GST on services provided by assessee on the grounds that it involves determination of place of supply which is beyond its jurisdiction. Held that, the AAR was incorrect for failing to make a ruling on the matter. Further, remanded back the case to the AAR for fresh consideration.

Seeds not covered under agricultural produce for GST: AAAR

November 19, 2022 3459 Views 0 comment Print

In re Narsimha Reddy & Sons (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 process […]

GST on works contract service for construction of residential quarters for employees of NPCIL

November 15, 2022 1542 Views 0 comment Print

The execution of works contract service for construction of residential quarters exclusively meant for the employees of NPCIL at Anuvijay township by the appellant is covered under entry Sl.No.3(vi) of Notification 11/2017-CT-Rate dt. 28.06.2017 and the corresponding SGST Notification for the period upto 31.12.2021.

GST on Compensation of additional cost incurred due to various delays

November 10, 2022 2358 Views 0 comment Print

In re Continental Engineering Corporation (GST AAAR Telangana) Whether GST payable on the claim of Rs. 2,20,00,000/- for the HGCL share of sitting fee and other expenses paid by the applicant on the directions of the Arbitrators for an amount 1. On this count, the lower authority had held that Arbitration as service was supplied […]

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

November 9, 2022 2577 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 933 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 7698 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 7716 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 2187 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. […]

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