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Shatarnrut Chyavan is animal feed supplement & falls under HSN 23099010

November 23, 2020 2388 Views 0 comment Print

As it has been established that the impugned product टShatarnrut Chyavan’ is an animal feed having specific use, viz.- increasing the milk production of the cattle and increasing the immunity of the cattle to fight diseases, and the said impugned product is also known in the market as the cattle feed supplement only, therefore, the said impugned product would be classified as animal feed supplement, and accordingly would merit classification under the Chapter Heading 2309 and under the Tariff Item 2309 90 10, and would not attract any GST in terms of SI. No. 102 of the Notification No. 2/2017-C.T. (Rate), dated 28.06.2017.

Lease with RLDA for a period of 99 years not exempt from GST: AAAR

November 18, 2020 1923 Views 0 comment Print

In re Hazari Bagh Builders Pvt Ltd (GST AAAR Rajasthan) 1. Appeal by the party is rejected. It was held that one amount paid as 1st installment of lease premium before Lease agreement cannot be treated security deposit and not exempted from GST. 2 RFP issued for development of land for residential purpose and consequently leased, […]

Type-3 test by ‘NCS Pearson Inc’ classifiable as OIDAR service: AAAR

November 13, 2020 3363 Views 0 comment Print

The Appellate Authority hold that service provided for the Type-3 test is classifiable as an OIDAR service. The appeal filed by the Department is disposed off on the above terms.

Input Tax Credit not eligible for GST paid on purchase of ‘Paver Blocks’

November 12, 2020 5916 Views 0 comment Print

In re Sundharams Private Limited (GST AAAR Maharashtra) The MAAAR while upholding the Maharashtra AAR Order held that the Applicant was not entitled to avail Input Tax Credit in respect of taxes to be paid on the purchase of ‘Paver Blocks’ in terms of Section 17(5)(d) of the CGST Act, 2017. FULL TEXT OF ORDER OF […]

Transfer between two units with Same PAN in different states is not a transfer as a going concern to ‘another person’

November 10, 2020 8751 Views 0 comment Print

In re Deputy Commissioner of Central Tax in case of M/s. Shilpa Medicare Limited (GST AAAR Andhra Pradesh) M/s. Shilpa Medicare Limited, Vizianagaram, A.P and M/s. Shilpa Medicare Limited, Bangalore unit are holders of the same PAN and they are distinct persons. Hence, the provisions of Para 4(c) of Schedule II of CGST Act, 2017 […]

Supply of Mud Engineering Services, chemicals and additives are neither composite & nor Bundled Supply

November 9, 2020 906 Views 0 comment Print

In re Halliburton Offshore Services Inc. (Oil India) (GST AAAR Andhra Pradesh) The issue at hand for discussion is whether the supply of mud engineering services and supply of imported mud chemicals and additives provided on consumption basis by the applicant under the contract qualify as composite supply or not. Before embarking upon the question, […]

AAAR cannot answer on correctness of GST liability based on illustrative invoices

November 5, 2020 4398 Views 2 comments Print

In re Apsara Co-operative Housing Society Ltd. (GST AAAR Maharashtra) The Maharasthra Appellate Authority for Advance Ruling upheld the Ruling passed by the Maharashtra Advance Ruling Authority, vide their Order No. GST-ARA-21/2019-20/B-34 dated 17.03.2020 and stated that the activities carried out by the Appellant would amount to supply in terms of Section 7(1)(a) of the […]

5% GST on sale of Micafunign Sodium by DTA unit of BIOCON: AAAR

October 21, 2020 1395 Views 0 comment Print

Sale of Micafunign Sodium by the DTA unit of Appellant is covered under Serial No. 114 of Entry No. 180 of Rate Notification No 01/2017 CT (R) and therefore, is leviable to GST at the rate of 5%’.

ITC of goods & services used for lying of cross-country pipeline nearby river till boundary wall of Factory

October 15, 2020 3021 Views 0 comment Print

I. Whether input tax credit of GST paid on goods and services used tor laying of cross-country pipeline nearby river till the boundary wall of the Factory can he taken by the Appellant? II. Whether input tax credit can be availed on Operation and Maintenance Services (‘0 & M Services’) obtained by the Appellant for the maintenance of the facility?

Concessional GST rate of 12% applicable on Laboratory Reagents

September 30, 2020 2820 Views 0 comment Print

In re Imperial Life Sciences Pvt. Ltd (GST AAAR Haryana) In view of the discussions and findings and the CBIC’s Circular No. 163/19/2021-GST dated 6th October 2021, issued under F.No. 190354/ 206/2021-TRU, AAAR hold that concessional GST rate of 12% is applicable on all goods falling under heading 3822, vide Entry at S.No. 80 of […]

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