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GST & TDS on renting of Immovable Property to Social Justice Department

April 1, 2022 918 Views 0 comment Print

In re Shital Tukaram Borade (GST AAAR Maharashtra) AAAR set aside the Advance Ruling No. GST-ARA-95/2019-20/B-85 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 […]

ITC cannot be denied merely because one of the constituent service of mixed supply attracts Nil rate of tax

March 24, 2022 4905 Views 0 comment Print

Input Tax Credit on inputs, input services and capital goods cannot be denied merely on the ground that one of the constituent service of the mixed supply attracts Nil rate of tax if provided separately.

AAAR cannot examine ground not raised before AAR

March 23, 2022 2112 Views 0 comment Print

In re Tamilnadu Skill Development Corporation (GST AAAR Tamilnadu) The facts of whether the appellant is a ‘Government entity’, whether all the activities are extended only to the State Government and whether the consideration received is limited to the `grants’ are fresh facts to be verified/ analysed with the respective documentary proof. Section 100(1) of […]

18% GST payable on works contract services to TANGEDCO for retrofitting work

March 23, 2022 5094 Views 0 comment Print

In re PSK Engineering Construction & Co. (GST AAAR Tamilnadu) Question Raised 1. What is the rate of GST to be charged on providing works contract services to TANGEDCO for carrying out retrofitting work for strengthening the NPKRR Maaligai against seismic and wind effect and modification of elevation in TNEB headquarters building at Chennai. 2. […]

For any service to qualify as warehousing services it is not imperative that negotiable warehousing receipts must have been issued for them

March 10, 2022 2859 Views 0 comment Print

In re Haryana State Warehousing Corporation (GST AAAR Haryana) The contention of the Appellant that all the services provided by the warehouse owner qualify as warehousing services is not tenable as the Appellant has tried to expand the scope of warehouse services as mentioned in entry 54 of the of the Notification No. 47/ST-2, dated […]

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

March 10, 2022 7749 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 3081 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 2727 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 2376 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 1521 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 […]

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