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AAAR

AAAR upheld AAR Ruling on GST Rate on Dosai/Idli/Tiffin/Health/Porridge Mixes & HSN code

January 13, 2022 2397 Views 0 comment Print

The appellant stated that they are manufacturing and selling the mixture of flour of grains/cereals, pulses mixed with spices and condiments, that their products are mainly used for preparing Indian Dishes like Idly Mixes, Dosai Mixes, Tiffen Mixes (Adai Mavoo, Millet Adai Mix, Uzhunthakali Mavoo, Ready Idiyappam, Bajji Mix), Health Mixes and Porridge Mixes.

18% GST applicable on Electronic Toys as against 12% on other Toys

January 13, 2022 2868 Views 0 comment Print

In re Navbharat Imports (GST AAAR Tamilnadu) The appellants stated that they are regular importers and traders of toys from various countries, that they sell these goods in India, in retail as well as through E-Commerce platforms. They added that they also intend to manufacture these toys in India in future, that the toys proposed […]

GST on supply of Solar water pumping system alongwith installation

January 11, 2022 3456 Views 0 comment Print

In re Utsav Corporation (GST AAAR Rajasthan) It was held that controller will attract GST at appropriate rate applicable to items of Chapter Heading 8504. 2. Iron structure designed for use of solar panel is classifiable under Chapter Heading 7308 and neither be classified as solar power based devices nor called as solar power generators […]

ITC cannot be denied merely on the ground that inputs have no nexus with outward supply

December 22, 2021 19938 Views 0 comment Print

AAAR modified the ruling passed by the AAR, and held that, the assessee is entitled to use the Input Tax Credit balance lying in its Electronic Credit Ledger (ECL), legitimately earned on the on Gold & Silver Dore Bars etc., for the purpose of paying GST on outward supply on Castor Oil Seeds, and it cannot be denied merely on the ground that the inputs have no nexus with outward supply.

AAAR confirms 18% GST on sale of developed plots

December 22, 2021 13140 Views 0 comment Print

AAAR held that GST is leviable on sale of plot of land, where primary amenities such as water line, electricity line, and other infrastructure are being constructed/developed. Held that, it is a sale of developed plots and will be covered under the scope of supply of taxable service falling under the head of ‘Construction services’. Hence liable to 18% GST.

Supply of vouchers by Appellant is a supply of goods: AAAR

December 22, 2021 4116 Views 0 comment Print

In re Premier Sales Promotion Pvt Ltd (GST AAAR Karnataka) The Appellant has contended that the vouchers are akin to lottery tickets and the Supreme Court in the case of Sunrise Associates has held that lottery tickets are actionable claims. They have also argued that the reliance placed by the lower Authority on the Apex […]

Availment of common input supplies on behalf of other unit/units registered as distinct person will qualify as supply of services

December 21, 2021 14586 Views 0 comment Print

AAAR held that head office using all its human resources to facilitate the operational requirements of the branch offices/units by way of procuring common input services on behalf of the branch offices/units thereby, providing the services, therefore, allocation and recovery of any amount including its employees salary cost from the branch offices/units will be subject to GST. Hence, the allocation and recovery of the salary of the employees of the head office from the branch office/units will be subject to GST.

RUDSOCO is not Government Authority & not eligible for GST exemption

December 14, 2021 1116 Views 0 comment Print

In re Consulting Engineers Groups (GST AAAR Rajasthan) It was held that holding of equity control of RUDSICO by JDA and Rajasthan Housing Board cannot be treated as holding of equity control by Government; therefore, RUDSOCO is not Government Authority. Appellant is not eligible for exemption under entry No. 3 of  notification no. 12/2017 Central […]

GST: Land filling pit is a civil structure, not a plant or machinery- ITC not eligilble

December 13, 2021 5862 Views 0 comment Print

In re Mother Earth Environ Tech Pvt. Ltd (GST AAAR Karnataka) The Appellant has been very vehement in their submission that the land filling pit is not a civil structure in as much as they have not used any cement or steel in the construction of the land filling pit. The term ‘civil structure’ has […]

To calculate margin, purchase cost should be treated as purchase price: AAAR

December 10, 2021 1506 Views 0 comment Print

In re Tej Kumar Jain (GST AAAR Rajasthan) It was held that  notification No, 08/2018-Central Tax (Rate) dated 12.01.2018 clearly used word Purchase price ,  only price paid at the time of purchase can be considered as purchase price to calculate margin. The appellant’s main thrust is that to calculate margin, purchase cost should be […]

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