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AAAR

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

July 27, 2021 14724 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 624 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 1206 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 3357 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 3330 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 […]

Zn EDTA’ & ‘Fe EDTA’ classifiable under Tariff heading 38249990

July 6, 2021 2991 Views 0 comment Print

In re Shivam Agro Industries (GST AAAR Gujarat) AAAR confirm the Advance Ruling No. GUJ/GAAR/R/79/2020 dated 17.09.2020 to the extent it has been appealed, by holding that the products ‘Zn EDTA’ and ‘Fe EDTA’ being supplied by M/s. Shivam Agro Industries are classifiable under heading 38.24 (Tariff Item 3824 99 90) of the First Schedule […]

GST applies on reimbursement of fuel procured for use in helicopter provided on rent

July 6, 2021 1701 Views 0 comment Print

In re Global Vectra Helicorp Limited (GST AAAR Gujarat) In terms of the valuation provisions under GST legislation, amount recovered as reimbursement by the appellant M/s. Global Vectra Helicorp Ltd. from the customer, for the fuel procured for use in the helicopter provided on rent to customer is required to be included in the value […]

GST exempt on pure services provided to Central/State Govt or UT related to functions entrusted to Municipalities/Panchayats

July 2, 2021 1296 Views 0 comment Print

In re Jayesh Anil Kumar Dalal (GST AAAR Uttar Pradesh) In view of the above discussion, we hold that the services rendered by the  Appellant to the State Urban Development Agency,Uttar Pradesh (SUDA), and For PMAY, are in relation to functions entrusted to Municipalities under Article 243W and to Panchayats under Article 243W of the Constitution […]

GST exempt on sewerage treatment services provided to TCMC

June 30, 2021 4638 Views 0 comment Print

In re New Tirupur Area Development Corporation Limited (GST AAAR Tamilnadu) the main question raised by the appellant and also the point of reference made by the members of AAR is whether the water supplied by the appellant is exempted under si. No. 99 of  Notifn. No. 2/2017-CT(R) and its equivalent SGST notification published vide […]

‘Britannia Winkin’ Flavoured Milk classifiable under CTH 22029930

June 30, 2021 2643 Views 0 comment Print

In re Britannia Industries Limited (GST AAAR Tamilnadu) AAAR held that UHT Sterilized Flavoured Milk marketed under the brand name ‘Britannia Winkin’ Cow Thick Shake’ by the appellant is not classifiable under the Tariff heading ‘0402 /0404″ but classifiable under CTH 22029930 as held by the Lower Authority. FULL TEXT OF THE ORDER OF AUTHORITY […]

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