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AAAR

NO ruling by AAAR due to difference of opinion between members

October 13, 2021 759 Views 0 comment Print

In re Unique Aqua Systems (GST AAAR Tamilnadu) The issue is not answered and is deemed to be that no ruling is issued under Section 101(3) of CGST/TNGST Act 2017 because of the difference of opinion between the members. FULL TEXT OF THE ORDER OF AUTHORITY OF APPELLATE ADVANCE RULING,TAMILNADU At the outset, we would like […]

Recipient of services cannot apply for advance ruling under GST: AAAR Uttar Pradesh

September 29, 2021 1602 Views 0 comment Print

In re Lucknow Producers Co-operative Milk Union Ltd (GST AAAR Uttar Pradesh) In this case appellant himself admitted that appellant is not covered under the reverse charge mechanism, but they are paying the entire tax to the service provider. In view of this, we find that, the appellant is a recipient of services in the […]

No GST exemption on ASSET (Assessment of Scholastic Skills through Educational Testing with its variants

September 7, 2021 1362 Views 0 comment Print

In re Educational Initiative Pvt. Ltd. (GST AAAR Gujarat) In view of the foregoing discussion, we allow the appeal filed by the department, modify the Advance Ruling No. GUJ/GAAR/R/27/2020 dated 02.07.2020 of the Gujarat Authority for Advance Ruling and hold that ASSET (Assessment of Scholastic Skills through Educational Testing – with its variants) conducted by […]

Supplies by Cost Centres of BEML cannot be termed as composite supply

September 3, 2021 1191 Views 0 comment Print

In re BEML Limited (GST AAAR Karnataka) In the instant case, there is no doubt that there are multiple supplies of both goods and services being undertaken as part of this contract. While the supply from Cost Centre C is a supply of goods i.e the Standard Gauge Intermediate Cars, the supply by Cost Centre […]

Advance ruling obtained with misrepresentation of facts is void ab-initio

August 18, 2021 1461 Views 0 comment Print

In re J K Papad Industries (GST AAAR Gujarat) Appellant has obtained the Advance Ruling by submitting application of advance ruling with suppression of material facts or misrepresentation of facts, and the application was not eligible to be admitted in view of proviso to sub-section (2) of section 98 of the CGST Act, 2017. Therefore, […]

Bakery selling eatables on take away basis cannot be treated as restaurant

July 27, 2021 13866 Views 0 comment Print

In Assistant Commissioner, CGST & Central Excise Vs. M/s. Pioneer Bakers (GST AAAR Odisha) During the P.H., the Jurisdictional Officer, Sri Goutam Kumar Biswas(Appellant), Asst. Commissioner, CGST, Sambalpur-I Division stated that the applicant is running a bakery business, where different items likes cakes, bakery items, ice creams, chocolates, drinks & other eatable products are sold […]

Advance Ruling is void ab-initio as applicant not informed about proceedings of DGGI

July 20, 2021 501 Views 0 comment Print

In re J K Snacks Industries (GST AAAR Gujarat) In this case during the personal hearing, representative of appellant have not informed anything about the proceedings of DGGI, Surat. It appears that had the fact of pending proceedings before the DGGI Surat in applicant’s own case relating to questions raised in the application filed before […]

Advance ruling obtained by suppression of facts is void ab-initio

July 20, 2021 1008 Views 0 comment Print

In re J K Food Industries (GST AAAR Gujarat) The appellant has submitted before us that the legality and propriety of the advance ruling issued by the GAAR is required to be examined in terms of section 98(2) of the CGST Act, 2017 and decision to be taken whether the said order is correct in […]

GST on Phosphate Solubilising Bacteria & Potassium mobilising Bio-fertilizers

July 20, 2021 2619 Views 0 comment Print

In re G.B. Agro Industries (GST AAAR Gujarat) AAAR modified the Advance Ruling No.GUJ/GAAR/R /71/2020 dated 17.09.2020 issued by the GAAR in respect of Bio-fertilizers, by holding that the two products namely Phosphate Solubilising Bacteria and Potassium mobilising Bio-fertilizers manufactured and supplied by the appellant M/s. G.B.Agro Industries, Bharuch are classifiable under Chapter sub-heading No.31059090 […]

Poultry meal not eligible for exemption under Notification No. 2/2017-Central Tax (Rate)

July 12, 2021 2691 Views 0 comment Print

Sushi Pet Nutri science (GST AAAR Telangana) Issue 1: The product ‘poultry meal’ manufactured and supplied by appellant falls under Tariff Item No. 2301 10 10 of the Customs Tariff Act, 1975. The impugned order is modified accordingly. Issue 2: The product ‘poultry meal’ manufactured and supplied by appellant is not eligible for the exemption contained […]

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