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AAAR

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

June 4, 2021 7728 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 1524 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 5616 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 15693 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.

Flavoured milk merits classification under tariff heading 22029030

April 9, 2021 2769 Views 0 comment Print

In re Tirumala Milk Products Pvt Ltd (GST AAAR Andhra Pradesh) The applicable HS Code for Flavoured Milk is 2202 9930 and GST rate is 12 % (6% CGST and 6% SGST) under entry no 50 of schedule II of Notification No. 1/2017 – Central Tax (Rate) Dated 28.06.2017. Whether ‘flavoured milk’ can be considered […]

18% GST applies on Biomass Fired (Steam) Boilers & Agro Waste Thermic Fluid Heater

April 8, 2021 5799 Views 0 comment Print

In re Isotex Corporation Pvt. Ltd. (GST AAAR Gujarat) In view of the foregoing, we confirm the Advance Ruling No. GUJ/GAAR/R/74/2020 dated 17.09.2020 of the Gujarat Authority for Advance Ruling to the extent it has been appealed before us, by holding that the products Biomass Fired (Steam) Boilers, Agro Waste Thermic Fluid Heater of M/s. […]

‘Fusible interlining fabric of cotton’ classifiable under Heading 5903

April 8, 2021 702 Views 0 comment Print

In re Girish Rathod (GST AAAR Gujarat) We find that CBEC Circular No. 433/66/98-CX-6 dated 27/11/1998 is relevant even today and has got persuasive value as on date. Further, Chapter Note 2(a)(4) to Chapter 59 says that fabrics partially coated or partially covered with plastics and bearing designs resulting from these treatments are excluded from […]

Plastic Mechanical Liquid Dispense liable to 18% GST

April 8, 2021 1023 Views 0 comment Print

The imported plastic item namely Plastic Mechanical Liquid Dispenser shall be classified under Chapter sub-heading 3923.50 of the Customs Tariff Act, 1975 (51 of 1975). The said product is liable to GST at the rate of 18% (9% CGST + 9% SGST)?

Services by TANGEDCO to TANTRANSCO not constitutes electricity distribution service

March 30, 2021 3240 Views 0 comment Print

In re Tamilnadu Generation and Distribution Corporation Limited (GST AAAR Tamilnadu) Notification 12 notifies the list of services that are exempt from GST and has been issued in pursuance of the proviso in Section 11. Therefore, all entries in this notification deal only with services and not with goods. Entry No.25 under heading 9969 exempts […]

Time of supply of gift vouchers / gift cards under GST

March 30, 2021 6264 Views 0 comment Print

In re Kalyan Jewellers India Limited (GST AAAR Tamilnadu) The time of supply of the gift vouchers / gift cards by the applicant to the customers shall be the date of issue of such vouchers and the applicable rate of tax is that applicable to that of the goods. FULL TEXT OF ORDER OF APPELLATE […]

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