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AAAR

Nil GST Rate applicable on Rejected wheat and Paddy seeds

March 30, 2019 1809 Views 0 comment Print

1. Rejected wheat seeds are classified under Chapter sub heading 1001 11 00 (Durum) and 1001 91 00 (Others) of the GST Tariff 2017. 2. Rejected paddy seeds are classified under 1006 10 10 of the GST Tariff 2017. 3. The applicable CGST & SGST rate on both the above goods is NIL.

Services closely related to distribution of electricity are exempt from GST

March 29, 2019 999 Views 0 comment Print

In re Uttarakhand Power Corporation Ltd. Dehradun. (GST AAAR Uttarakhand) The appellate authority modified said advance Ruling to the following extent: (i) In addition to services listed in serial nos 1, 2, 12, 14 & 18, six other services listed at serial nos. 3, 10,13,17 and 21 (being directly or closely related to the main […]

Fan Coil Unit classifiable under Heading No. 8415: AAAR

March 28, 2019 1464 Views 0 comment Print

In re M/s. Bhutoria Refrigeration Private Limited (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld  the ruling given by the Advance Ruling Authority by observing that the Fan described under 8414 do not at all have any resemblance with a FCU.  Therefore, there is no reason to believe that FCU will be covered […]

AAAR cannot determine the place of supply

March 22, 2019 1878 Views 0 comment Print

In re Micro Instruments (GST AAAR Maharashtra) Coming to the present case, we observe that in order to determine which levy, whether export, or CGST or IGST, will be imposed on the said supply of ‘intermediary services’ of the Appellant, we will have to determine the place of supply. Then only we can determine the […]

GST on one time concession fees in respect of property given on Long Term Lease

March 22, 2019 2352 Views 0 comment Print

In re Goa Tourism Development Corporation (GST AAAR Goa) The Appellant is registered under the GST Act, 2017 and hold GSTIN: 30AAACG7220K1Z0. The Appellant sought an Advance Ruling in respect of the question whether GST is applicable on one time concession fees charged by the appellant in respect of their property at Anjuna, Goa, which […]

GST payable on services by Inner Wheel Clubs: West Bangal AAAR

March 20, 2019 1224 Views 0 comment Print

In re Association of Inner Wheel Club of India (GST AAAR, West Bangal) Goods and Services Tax is levied on intra-State and inter-State supply of goods and services. According to Section 7 of GST Act, the expression ‘supply’ includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, […]

Individual supplies of goods or services cannot be held as Composite Supply

March 18, 2019 2250 Views 0 comment Print

In re Sandvik Asia (P) Ltd. (GST AAAR Rajasthan) Activities performed under the Agreement, though comprises of two or more individual supplies of goods or services, can not be held as Composite Supply . Consequently, such activities will fall under the category of ‘Mixed Supply’ as per definition of Mixed Supply, under Section 2(74) of […]

ITC available on de-oiled mahua cake & not on de-oiled rice bran cake

March 18, 2019 876 Views 0 comment Print

In re Indo Prosoya Foods Pvt Ltd (GST AAAR Uttar Pradesh) (i) Input Credit attributable to the supply of de-oiled rice bran cake (exempted supply) is to be reversed by the appellant in terms of Section 17(2) of the CGST Act 2017; and (ii) GST @ 5 is payable on supply of de-oiled mahua cake […]

No ITC on supply of de-oiled rice bran cake (exempted supply)

March 18, 2019 3711 Views 0 comment Print

In re Khandelwal Extraction Ltd (GST AAAR Uttar Pradesh) (i) Input Credit attributable to the supply of de-oiled rice bran cake (exempted supply) is to be reversed by the appellant in terms of Section 17(2) of the CGST Act 2017; and (ii) GST @ 5% is payable on supply of de-oiled mahua cake with consequently allowing […]

Carry bags/re-usable shopping bags of cotton falls under HSN 4202: AAAR

March 18, 2019 6156 Views 0 comment Print

In re Mrs. Senthilkumar Thilagavathy (M/s. JVS Tex) (GST AAAR Tamilnadu) The above clarification by the Board in the context of the adoption of HS classification in Customs and the duty drawback clearly provides that the bags (handbags/shopping bags) made of cotton are squarely classifiable under Chapter heading 4202 of the Customs Tariff and not […]

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