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AAAR

Gujarat Industrial Development Corporation is not a governmental authority

May 9, 2022 4803 Views 0 comment Print

In re Gujarat Industrial Development Corporation (GST AAAR Gujarat) The appellant Gujarat Industrial Development Corporation submitted that they provide amenities like road, supply of water or electricity, street lighting, drainage, sewerage, conservancy etc and these qualify as ‘water supply for domestic, industrial and commercial purposes’, ‘public health, sanitation conservancy and solid waste management’ and ‘public […]

Gujarat Industrial Development Corporation is a Government Entity: AAAR

May 9, 2022 3402 Views 0 comment Print

In re Gujarat Industrial Development Corporation (GST AAAR Gujarat) AAAR held that Gujarat Industrial Development Corporation  does not fall under the category of ‘State Government’ but is covered under the category ‘Government Entity’, Read AAR :- No GST exemption to GIDC on establishment, organisation & development of industries FULL TEXT OF THE ORDER OF APPELLATE […]

ITC not eligible on Good & Services procured for building LNG Jetties

May 9, 2022 2157 Views 0 comment Print

AAAR held that (1) LNG Jetties being built by the appellant are not covered within the expression ‘plant and machinery’ as foundation to equipment, apparatus, machinery to be installed on it in terms of Section 17 of the CGST Act, 2017 and (2) the appellant cannot avail input tax credit of GST paid on inputs, input services and capital goods procured for the purpose of building the LNG Jetties in terms of Section 16 of the CGST Act, 2017.

ITC not eligible on capital goods procured for building LNG Jetties

May 9, 2022 2448 Views 0 comment Print

In re Swan LNG Pvt. Ltd (GST AAAR Gujarat) ITC is not available on input, input services and capital goods on purchased for the construction of the LNG jetties The AAAR, Gujarat, in the matter of M/s. Swan LNG Pvt. Ltd [Advance Ruling (Appeal) No. GUJ/GAAAR/APPEAL/2022/06] has held that the Liquefied Natural Gas (“LNG”) jetties […]

Benefit under a conditional notification cannot be extended in case of non-fulfillment of conditions

April 24, 2022 4488 Views 0 comment Print

In re Time Technoplast Ltd (GST AAAR Karnataka) It is a settled issue that benefit under a conditional notification cannot be extended in case of non-fulfillment of conditions and/or non-compliance of procedure prescribed therein. The basic rule in interpretation of any statutory provision is that the plain words of the statute must be given effect […]

AAR cannot give ruling on classification of service supplied by third party who is not applicant: AAAR

April 24, 2022 1293 Views 0 comment Print

In re Workplace Options India Pvt Ltd (GST AAAR Karnataka) The Appellant has argued before us that determination of liability to pay tax on any goods or services is a matter which is well within the ambit of an advance ruling and if the said determination involves examining the place of supply, then the same […]

STP treated water eligible for GST exemption

April 1, 2022 10716 Views 0 comment Print

In re Rashtriya Chemicals and Fertilizers Limited (GST AAAR Maharashtra) The Appellant have a Sewage Treatment Plant (‘STP’) at its Trombay premises. This plant uses sewage water and converts it into water for use in the factory for manufacture of the fertilizers. The Appellant has also contended that it has never been the intention of […]

GST on renting of immovable property to Social Justice Department of Govt of Maharashtra

April 1, 2022 1965 Views 0 comment Print

AAAR hold that the impugned services of the renting out of immovable properties provided by the Appellant to the Social Justice Department of the Government of Maharashtra will be exempt form the levy of GST in terms of Sl. No. 3 of the Notification No. 12/2017-C.T (Rate) dated 28.06.2017

Tertiary Treated Water eligible for exemption under Notification No. 02/2017-C.T. (Rate)

April 1, 2022 1467 Views 0 comment Print

In re M/s. Nagpur Waste Water Management Pvt. Ltd (GST AAAR Maharashtra) AAAR set aside the Advance Ruling Order No. GST-ARA-65/2020-21/B-35 dated 27.07.2021, passed by the Maharashtra Advance Ruling Authority, and hold that Tertiary Treated Water (TTW) will be eligible for exemption in terms of entry at SI. No. 99 of the Exemption Notification No. […]

TDS under GST not applicable on renting of immovable property to Govt Social Justice Dept

April 1, 2022 1833 Views 0 comment Print

In re Meerabai Tukaram Borade (GST AAAR Maharashtra) AAAR set aside the Advance Ruling No. GST-ARA-96/2019-20/B-86 dated 02.11.2021, passed by the MAAR, and hold that the impugned services of the renting out of immovable properties provided by the Appellant to the Social Justice Department of the Government of Maharashtra will be exempt from the levy […]

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