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AAAR

ROM rejection order not merges with original advance ruling order

February 2, 2021 2928 Views 0 comment Print

In re Durga Projects & Infrastructure Pvt Ltd (GST AAAR Karnataka) even in cases where a rectification of mistake application is admitted and a mistake apparent on record is corrected, the original order is not set aside. The original order remains on record and only the mistakes are corrected therein. The principle of doctrine of merger […]

ITC not eligible on construction of own building, rooms for leasing

January 29, 2021 1470 Views 0 comment Print

In re Indag Rubber Limited (GST AAAR Rajasthan) Appeal has been rejected. The appellant has constructed specific civil structure i.e. building, rooms and roads on his own plot to lease out the same on rent. It was held that construction is on his own a/c and also not covers in the definitions of plant & […]

Zip Rolls classifiable under Tariff Item 96072000

January 28, 2021 1389 Views 0 comment Print

In re The Roll Company (Prop. Shri Bhavin Ramesh Shah)  (GST AAAR Gujarat)  (i) Zip Rolls is classifiable under Tariff Item 9607 20 00; and (ii) Zip Rolls was liable to Goods and Services Tax @ 18% (CGST 9% + SGST 9%) during 01.07.2017 to 30.09.2019 under Sr. No. 446 of Schedule III of Notification […]

Eligibility of Transitional Credit is not under Advance Ruling purview

January 25, 2021 999 Views 0 comment Print

In re Shapoorji Pallonji and Company Private Limited (GST AAAR Tamilnadu) The Appellate Authority has ruled as follows: 1.With regard to the Mobilization Advance transitioned into GST on which no Service Tax is paid as per Chapter V of Finance Act 1994, the issue is not answered and is deemed to be that no ruling […]

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

January 20, 2021 549 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 3270 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 1425 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 1428 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 1254 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 834 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 […]

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