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AAAR

Advance ruling deemed to be not in operation if difference of opinion amongst members of AAAR

January 20, 2021 504 Views 0 comment Print

Uttar Pradesh Power Corporation Ltd. (GST AAAR Uttar Pradesh) In view of difference of opinion between  the Members of Appellate Authority for Advance ruling for Goods and service Tax, Uttar Pradesh, no ruling can be issued on the Question raised  by the Appellant, in terms Of the provisions of Sub Section 3 of Section 101  […]

AAAR Tamilnadu explains GST on Various services provided by Municipal Corporation

January 12, 2021 2886 Views 0 comment Print

In re Tiruppur City Municipal Corporation (GST AAAR Tamilnadu) i. In respect of Q.No. 1, Sl. No. 5-B (Rent for locker provided in bus stand by the appellant) it is held to be an activity undertaken by the Municipality as a function entrusted under 243 W of the Constitution and the service of rent or […]

Property or other tax cannot be deducted to compute rental value for GST

January 11, 2021 1386 Views 0 comment Print

In re Midcon Polymers Pvt Ltd. (GST AAAR Karnataka) The Appellate Authority modify the advance ruling No.KAR ADRG 48/2020 dated 16-09-2020 and answer the questions raised by the Appellant in the original advance ruling application and in this appeal, as follows: 1. For the purpose of arriving at the value of rental income, the Appellant […]

Order of AAAR even if erroneous, cannot be reheard and corrected

December 24, 2020 1302 Views 0 comment Print

In re Micro Instruments (GST AAAR Maharashtra) The MAAAR  rejected the Miscellaneous Application dated 25.09.2020 filed by the Applicant i.e. M/s. Micro Instrument, to restore their Application dated 21.08.2019 seeking Rectification of Mistake in the MAAAR Order No. MAH/AAAR/SS-RJ/26/2018-19 dated 22.03.2019, as the same had already been decided by the erstwhile Appellate Authority vide Order […]

Appeal against non-admittance of application for advance ruling not maintainable

December 22, 2020 1164 Views 0 comment Print

In re Tirumala Milk Products Pvt Ltd. (GST AAAR Karnataka) in the instant appeal, the Appellant is aggrieved by the grounds on which the lower Authority has refused to admit the application for advance ruling which is that, the question on which the ruling was sought is a matter that is being investigated by the […]

Appellant can re-approach AAR with a fresh application with sample/reports of products

December 11, 2020 735 Views 0 comment Print

In re Saint-Gobain India Private Limited (GST AAAR Maharashtra) As regards the issue of denial of fair chance of hearing with sample, we hold that the Appellant may approach the Maharashtra Advance Ruling Authority with a fresh application along with the sample/reports of the products and in that case, the MAAR shall decide the issue […]

GST on works contract services to Kerala State Electricity Board

December 3, 2020 3513 Views 0 comment Print

In re R. S. Development & Constructions Pvt Ltd. (GST AAAR Kerala) The Kerala State Electricity Board Ltd falls under the category of a Government entity for the purpose of the said exemption. The supply of services viz. execution of the civil works of Pazhassi small hydro electric project covered under Work order No. 06/CEECCN/ […]

No GST exemption on leasing of real estate property for Business

November 28, 2020 1182 Views 0 comment Print

In re Lakshmi Tulasi Quality Fuels (GST AAAR  Andhra Pradesh) Appellant has let out her building on a monthly rental basis of Rs.7,20,000/- that consists of 73 rooms with all amenities like exhaust fans, geysers, lights and fittings, sanitary fittings, etc., provided by the Lessor and the lessee shall pay all operational costs to the […]

Supply of mud engineering services & imported mud chemicals not constitute composite supply

November 28, 2020 828 Views 0 comment Print

In re Halliburton Offshore Services Inc. (LIH) (GST AAR Andhra Pradesh) The supply of mud engineering services along and supply of imported mud chemicals and additives are different supplies and do not constitute composite supply. In the instant case, the appellant uses certain specialized equipment / tools for drilling oil and gas wells in offshore […]

GST not payable on gifts not exceeding Rs. 50000 given by employer to an employee

November 27, 2020 4461 Views 0 comment Print

In re Beumer India Pvt. Ltd. (GST AAAR Haryana) Sub-Section (2) of Section 56 of Income Tax Act 1961 taxes sums received under the Head ‘Income from Other Sources’. Clause (vii)(a) of sub-section (2) of Section 56 includes the sum of money where it exceeds Rupees 50000/- received by an Individual or an HUF without […]

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