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AAAR

Commission agent liable to pay tax on supply of raw cotton by an agriculturist on reverse charge basis

March 10, 2022 6864 Views 0 comment Print

In re Bhaktawar Mal Kamra & Sons (GST AAAR Haryana) Whether commission agent, providing services in relation to sale or purchase of agriculture produce, is liable to obtain registration and is liable for tax under reverse charge mechanism on services provided in sale of raw cotton vide notification No. 121/ST-2, dated 14.11.2017 issued under Haryana […]

Pizza Topping merits classification under chapter heading 21069099

March 10, 2022 2613 Views 0 comment Print

In re Khera Trading Company (GST AAAR Haryana) We find that the product in question i.e. ‘Pizza Topping’ is a product made out of mozzarella cheese, vegetable oil and milk solids as main ingredients with premixes of emulsifiers and stabilizers. The mozzarella cheese is blended with other ingredients and heated upto a required degree. After […]

Cooking cream merits classification under chapter heading 21069099

March 10, 2022 2097 Views 0 comment Print

In re Khera Trading Company (GST AAAR Haryana) In the instant case, the impugned item is mixture of vegetable oil and other food stuffs. After the manufacturing process, as detailed in the appeal, it is observed that individual identity of all the mixtures is lost and what, emerges is totally a different item, a new product […]

GST payable on Naturopathy with accommodation service

March 10, 2022 1944 Views 0 comment Print

In re Corbett Nature Reserve (GST AAAR Uttarakhand) AAAR find that in the instant case the applicant has advertised and marketed their accommodation service as their main service and Naturopathy as additional service. Thus, the accommodation service and other services including Naturopathy rendered during the course of said service is covered under composite service and […]

No explicit prohibition on withdrawal of Appeal filed with AAAR

March 9, 2022 1155 Views 0 comment Print

In re Rasi Nutri Foods (GST AAAR Tamilnadu) In the case at hand, when an opportunity of being heard was extended to the appellant, they sought withdrawal of appeal. The appellant, in this regard, has relied on the decisions of the Hon’ble Supreme Court in the case of Rajendra Prasad Gupta Vs Prakash Chandra Mishra […]

AAAR members differs on Allowability of ITC on setting up refrigerated storage tank & Fire Water reservoir

March 7, 2022 6639 Views 0 comment Print

In re SHV Energy Private Limited (GST AAAR Tamilnadu) Issues 1. Whether the appellant is eligible for availment of input tax credit of GST paid on goods and services for laying of transfer pipeline and the foundation and structural support for such pipeline which is intended for Unloading propane/Butane from the vessel/Jetty to the Terminal? […]

GST diesel filled free of cost – divergence of opinion – AAAR Chhattisgarh

February 28, 2022 5046 Views 0 comment Print

In re Arvinder Singh Bhatia, Shree Jeet Transport (GST AAAR Chhattisgarh) Whether diesel filled free of cost by the service recipient in the engaged chartered (dedicated) vehicles, would form part of value of supply of service charged by the Appellant and whether GST would be leviable on value of diesel filled free of cost by […]

AAR ruling cannot be given on supplies prior to filing of application

February 25, 2022 648 Views 0 comment Print

In re Vinayak Buildcon (GST AAAR Rajasthan) It was held that AAR has rightly rejected the application seeking advance ruling as the question posted by the appellant is related to supplies undertaken by them prior to the date of filing of the application. Read AAR Order:- Advance ruling cannot be given on supply already undertaken […]

GST Advance ruling application by recipient of service not maintainable: AAAR

February 24, 2022 528 Views 0 comment Print

The provisions of Section 103 states that the ruling pronounced is binding only on the applicant. It is amply clears that if a recipient of supply obtains a ruling on the taxability of his inward supply of goods or services or both, the supplier of such goods or services or both is not bound by that ruling and he is free to assess the supply according to his own determination/understanding of law and hence ruling loses its relevance and applicability.

No ITC on gifts or rewards given without consideration

February 23, 2022 14301 Views 0 comment Print

In re GRB Dairy Foods Pvt. Ltd (GST AAAR Tamilnadu) As per the provisions of the CGST Act/TNGST Act 2017 more precisely, Section 17(5) of the Act, the gifts or rewards given without consideration even though they were given for sales promotion do not qualify as inputs for the purposes of Credit, since no GST […]

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