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AAAR

Rejection of application by AAR without giving opportunity of hearing to Appellant is invalid

October 21, 2019 1125 Views 0 comment Print

The issue before us for determination is whether, the rejection of the application filed by the Appellant seeking Advance Ruling by the Lower Authority is as per the provisions of Law and Principles of Natural Justice.

GST on Services provided by Ordnance Factory Bhandara: AAAR

October 18, 2019 2877 Views 0 comment Print

In re Ordnance Factory (GST AAAR Maharashtra) Question: 1) Being a part of the Ministry of Defence, Government of India, whether our organization Ordnance Factory Bhandara is liable to pay GST on the following supply of services: – a) Liquidated damages deducted from the payments to be made to suppliers in case of delayed delivery […]

ITC not available on goods & services used for construction of Tie-in pipelines, from FSRU to National grid: AAAR

October 7, 2019 2511 Views 0 comment Print

Tie-in pipeline under question will not be construed as plant and machinery, and hence the Appellant will not be entitled to avail the ITC of GST paid on goods and services used for construction of Tie-in pipelines, from the FSRU to the National grid as per the provision laid out in section 17(5)(c) and 17(5)(d) of the CGST Act, 2017.

AAR cannot give ruling in absence of any specific description of products

October 7, 2019 1239 Views 0 comment Print

In re Safset Agencies Pvt Ltd. (GST AAAR Maharashtra) The AAR has not given any ruling on collectibles/memorabilia and collectible books; the reason being given is that no specific details of such goods are given. In the grounds of appeal presented before the AAR, the appellant has described such goods as only ‘collectibles’ and ‘memorabilia […]

AAR cannot determine levy of GST on Fees collected from overseas Investors

October 4, 2019 1491 Views 0 comment Print

It can decisively be concluded that the question posed by the Appellant i.e. whether the GST is applicable on the Investment Advisory and Management Fees collected from the overseas Investors, is beyond the jurisdiction of the Advance Ruling, and hence cannot be decided by the Advance Ruling Authority

Services offered to buyer of a flat in a housing complex is composite supply?

September 25, 2019 2388 Views 0 comment Print

In re Assistant Commissioner, State Tax, Park Street Charge, Kolkata (GST AAAR West Bengal) Providing service of construction of a dwelling unit in a residential complex, bundled with services relating to the preferential location of the unit and right to use car parking space and common areas and facilities constitutes a composite supply with construction […]

For levy of cess ground clearance of vehicle is to be considered in laden condition only

September 20, 2019 6258 Views 0 comment Print

For the purpose of Cess @ 22% under Sr. No. 52B of Cess Rate Notification, whether the ground clearance of the vehicle is to be considered in laden condition or in unladen condition? For the purpose of Cess @ 22% under Sr. No. 52B of Cess Rate Notification, the ground clearance of the vehicle is to be considered in laden condition only.

Order passed by ARA is void ab-initio if obtained by fraud/suppression/misrepresentation

September 9, 2019 2847 Views 0 comment Print

In re Asstt. Commr. of SGST (D-819) Vs. Arihant Enterprises (GST AAAR Maharashtra) Sec. 98(2) provides that the application shall not be admitted where the question raised is already pending under any of the provisions of this act. The term ‘any of the provisions of this act’ includes investigations proceeding under section 67. It is […]

Breakwater not Plant & Machinery- ITC not eligible- AAAR

September 6, 2019 993 Views 0 comment Print

In re  Konkan LNG Private Limited. (GST AAAR Maharashtra) The Maharashtra Appellate Authority confirmed the Maharashtra Advance Ruling Autority Order by holding that  the Appellant is not eligible for taking ITC in terms of section 16  read with section 17  of the MGST ACT / CGST ACT ( CGST/ SGST / IGST ) on construction […]

ITC not eligible on supply of plant and equipment for lighting of plant road, boundary wall and watchtower

September 3, 2019 5745 Views 0 comment Print

In re NMDC Limited (GST AAAR Chhattisgarh) In the instant case, Structures/towers meant for Lighting for Plant Road, Boundary Wall and Watch tower can in no way be related to the outward supply of goods. As per Section 2(83) of CGST Act, 2017 “outward supply” in relation to a taxable person, means supply of goods […]

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