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AAAR

No ITC on goods or services used in construction of shopping Mall for leasing: AAAR

February 6, 2020 4824 Views 0 comment Print

In re Tarun Realtors Pvt. Ltd. (GST AAAR Karnataka) Restriction contained in Section 17(5)(d) is applicable to goods and services received by a taxable person for construction of an immovable property. When goods and services are received by a taxable person for construction of plant or machinery, there is no bar on eligibility to input […]

Commission earned from auctioning of flowers not eligible for GST exemption

February 5, 2020 1764 Views 0 comment Print

In re International Flower Auction Bangalore Ltd (GST AAAR Karnataka) The appellate authority for advance ruling set aside the ruling passed under section 98(4) of the CGST Act 2017 vide NO.KAR.ADRG 87/2019 dated 26-09-2019 i.e. Contention of the department appeal is allowed where in the question on which the advance ruling was sought for is […]

Pattadar Pass Book cum Title Deed classifiable under CH 4820: AAAR

February 4, 2020 14982 Views 0 comment Print

In re Manipal Technologies Limited (GST AAAR Karnataka) Section 6B of the Telangana Records of Rights in Land and Pattadar Passbooks Act, 1971 mandates that any person effecting transaction on the land such as sale or purchase or mortgage, such sale or purchase or mortgage document has to be registered before the registering authority by […]

Refund of unutilized ITC inadmissible if goods exported out of India were subjected to export duty

February 3, 2020 2220 Views 0 comment Print

In re Chowgule and Company Private Limited (GST AAAR Goa) In the instant case alo, the exported goods are specified in the Second Schedule to the Customs Tariff Act, 1975 as subjected to export duty; while by a Notification issued under Section 25 (1) of the Customs Act, the same were exempted. Hence, the ratio […]

GST on Access Card printed & supplied based on contents provided by customers

January 31, 2020 6063 Views 0 comment Print

In re Pattabi Enterprises (GST AAAR Karnataka) (i) The ‘Access Card’ printed and supplied by the Appellant based on the contents provided by their customers is a supply of goods and is rightly classifiable under HSN code 4901 10 20 under the description brochures, leaflets and similar printed matter whether or not in single sheet. […]

HS code and GST rate of Copra/coconuts

January 28, 2020 25956 Views 0 comment Print

In re Lakhpat Trading & Industrys Pvt Ltd (GST AAAR Rajasthan) What is HS code and GST rate of Copra other than of seed quality, Coconuts, fresh or dried, whether or not shelled or peeled and Desiccated coconuts? Coconuts, fresh or dried, whether or not shelled or peeled fall under heading 0801 and attract Nil […]

No ruling by AAAR on GST on Deposit Work due to difference of Opinion

January 23, 2020 2928 Views 0 comment Print

In re Uttar Pradesh Power Transmission Corpo. Ltd (GST AAAR Uttar Pradesh)  i. Whether the Deposit Work undertaken by Appellant is an integral part of supply of services of transmission or distribution of electricity? ii. Whether the Deposit Work undertaken by Appellant is ancillary to the principal supply of transmission or distribution of electricity? iii. […]

No GST exemption to RWA if per member monthly contribution exceeds Rs. 7500

January 21, 2020 3309 Views 0 comment Print

In re Vaishnavi Splendour Homeowners Welfare Association (GST AAAR Karnataka) The contention of the Appellant is that contributions upto an amount of Rs 7500/- per member per month are exempted from GST by virtue of the above entry and for contributions above Rs 7500/- per member per month, the difference amount alone is liable to […]

Tunnel construction & related work  falls under earth work & eligible for concessional GST rate

January 20, 2020 2016 Views 0 comment Print

In re Soma Mohite Joint Venture (GST AAAR Maharashtra) The Maharashtra Appellate Authority for Advance Ruling  held that the services provided by the Appellant in the impugned matter qualifies for inclusion under entry 3(vii) of the Notification No. 12/2017-C.T. (Rate), dated 28.06.2017 (as amended by Notification No. 31/2017-C.T. (Rate) dated 13.10.2017). It is evident that […]

Pre-sales marketing service by Indian Subsidiary to foreign parent is intermediary services: AAAR

January 20, 2020 2787 Views 0 comment Print

In re Infinera India Pvt. Ltd. (GST AAAR Karnataka) Although the Pre-sales and Marketing Agreement in this Appellant’s case does mention that they are independent contractors and are not to act as an agent of Infinera US in any manner, we find that the actual activity performed by the Appellant as outlined in the BAPA […]

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