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AAAR dismisses appeal on the ground of limitation for delayed filing

November 1, 2022 1422 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 8817 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 1851 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 2148 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 870 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 […]

Vadilal Paratha classifiable under Chapter heading 2106

September 15, 2022 1794 Views 0 comment Print

In re Vadilal Industries Ltd. (GST AAAR Gujarat) Whether the product viz. ‘Paratha’ i.e. various varieties of Paratha produced by the applicant merit classification under HSN Code 19059090 & Whether the product, namely, ‘Paratha’ i.e. all varieties of Paratha produced by the applicant are chargeable to 5% GST (i.e. 2.5% SGST and 2.5% CGST) under […]

GST AAAR not empowered to condone the delay beyond the prescribed period

September 10, 2022 6909 Views 0 comment Print

In re Sairam Gopalkrishna Bhat (GST AAAR Karnataka) The proviso to Section 100(2) empowers this Authority to condone a further delay of 30 days if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal within the prescribed period of 30 days. This grace period which is available to the […]

GST on Agricultural manually hand operated Seed dressing, Coating & Treating drum

August 26, 2022 2586 Views 0 comment Print

In re Adarsh Plant Protect Ltd (GST AAAR Gujarat) What is the HSN and applicable tax on ‘Agricultural manually hand operated Seed dressing, Coating and Treating drum’? The main issue to be decided here is the classification of the product viz. “Agricultural manually hand operated Seed dressing, Coating and Treating drum” and to decide applicable […]

‘Power Sip’ Flavoured milk classifiable under CTH 22029930

August 26, 2022 1485 Views 0 comment Print

Flavoured milk sold under trade name of Power Sip is not classifiable under Tariff Heading 0402/0404 but classifiable under CTH 2202 99 30.

Violation of principles of natural justice: AAAR remands matter back to AAR

August 22, 2022 1377 Views 0 comment Print

In re D M Net Technologies (Isha Chirag Patel) (GST AAAR Gujarat) Whether the services provided by the applicant in affiliation to/partnered with Gujarat University and providing education for degree courses to students under specific curriculum as approved by the Gujarat University, for which degrees are awarded by the Gujarat University are exempt from GST […]

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