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AAAR

GST on ‘Work Contract’ involving ‘Original work’ pertaining to ‘Railways

June 28, 2021 2214 Views 0 comment Print

In re SKG-JK-NMC Associates(JV)  (GST AAAR Gujarat) ‘Work Contract’ allotted to the appellant by M/s. RITES ltd. undoubtedly pertains to Railways only. We therefore find and conclude that the ‘Work Contract’ allotted to the appellant by M/s. RITES ltd. is covered under Clause 3(v)(a) of Notification No.11/2017-Central Tax(Rate) dated 28.06.2017 as amended from time to […]

Switch Board Cabinet as per specific design for Railway falls under Chapter Heading 8607

June 28, 2021 699 Views 0 comment Print

In re Prag Polymers (GST AAAR Uttar Pradesh) The classification of the ‘Switch Board Cabinet’, manufactured as per the specific design and layout provided  by the Railways and supplied to the Indian Railways  only and no- Where else, falls under Chapter Heading 8607 of the  Customs Tariff  Act, 1975. FULL TEXT OF ORDER OF APPELLATE […]

ITC not eligible on Motor Vehicle used for demonstration

June 28, 2021 3867 Views 0 comment Print

In re Platinum Motocorp LLP (GST AAAR Haryana) We find that use to which the Demo Vehicles are put to, does not fit into the uses which find mention in sub-Section 17(5). The vehicles under question are not meant for ‘further supply of such motor vehicles’, but are first put to the mentioned uses. These […]

Input Tax Credit on demo car/Vehicle not allowed: AAAR

June 28, 2021 3660 Views 0 comment Print

In re BMW India Pvt. Ltd. (GST AAAR Haryana) We find that none of the uses to which the BMW Vehicles are put to, fits into the uses which find mention in sub-Section 17(5). The vehicles under question are not meant for ‘further supply of such motor vehicles’ i.e further supply as such’, but are […]

GST on Bellow Ducts manufactured as per specific design provided by Railways

June 20, 2021 621 Views 0 comment Print

In re Concord Control Systems Private Limited (GST AAAR Uttar Pradesh) The classification of the Bellow Ducts manufactured as per the specific design and layout provided by the Railways and supplied to the Indian Railways only and no-where else, falls under Chapter heading 8607 of the Customs Tariff Act, 1975. FULL TEXT OF ORDER OF […]

ITC not eligible on development work of land to be leased

June 17, 2021 3444 Views 0 comment Print

In re RIICO, Tilak Marg (GST AAAR Rajasthan) Input Tax Credit is not only restricted to the goods and services used for construction of immovable property (whether capitalized or not) but also restricted for those goods and services which are used for re-construction, renovation, additions or alterations or repairs, to the extent of capitalization, to […]

GST payable on External & Infrastructure Development contributing to value of flats

June 4, 2021 6792 Views 0 comment Print

In re  Ashiana Housing Ltd. (GST AAAR Haryana) In the Appellant’s case however the under relevant law viz. the HDRUA (Haryana Development and Regulation of Urban Areas) Act 1975, the External Development and Infrastructure Development charges are meant to meet, respectively, the cost of external development work to be carried out in respect of an […]

18% GST leviable on Mix Flour of different food products

May 21, 2021 1359 Views 0 comment Print

In re Dipak kumar Kantilal Chotai (Talod Gruh Udyog) (GST AAAR Gujarat) (i) The products (a) Khaman Mix Flour, (b) Gota Mix Flour, (c) Dhokla Mix Flour, (d) Handwa Mix Flour, (e) Idli Mix Flour, (f) Dosa Mix Flour, (g) Dahi Wada Mix Flour, (h) Dalwada Mix Flour, (i) Khichu Mix Flour, (j) Upma Mix […]

Private coachings for CA, CS, CMA etc. are not “educational institution”, liable to pay GST

May 5, 2021 5442 Views 0 comment Print

Institutes imparting education to students for becoming Chartered Accountant (CA), Cost Accountancy, Company Secretary (CS), Certified Management Accountant (CMA) etc are not covered under the definition of ‘educational institution’ in Para 2 (y) of the Notification No. 12/2017 Central Tax (Rate) dated June 28, 2017 (Services Exemption Notification).

ITC not eligible on Promotional Products used in promotion of own Brand

April 16, 2021 13947 Views 0 comment Print

The Promotional Products/Materials & Marketing items used by the Appellant in promoting their brand & marketing their products can be considered as “inputs” as defined in Section 2(59) of the CGST Act, 2017. However, the GST paid on the same cannot be availed as input tax credit in view of the provisions of Section 17(2) and Section 17(5)(h) of the CGST Act, 2017.

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