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AAAR

18% GST payable on licensing services for right to use minerals including its exploration & evaluation

May 30, 2019 27141 Views 0 comment Print

What is the classification of Service provided in accordance with Notification No 11/2017-Central Tax (Rate) dated 28.06.2017, read with Annexure attached to it, by the State of Rajasthan to M/s Aravali Polyart Private Limited for which royalty is being paid ? Whether said Service can be classified under SAC 9973 specifically under 997337 as Licensing Services for the right to use minerals including its exploration and evaluation or as any other Service? On given Services, tax is payable by Service receiver under Reverse Charge Mechanism owing to Notification No. 13/2017-Central Tax (Rate) dated 28.06.2018?

Rate of GST on works contract for constructing a civil structure for a Govt entity

May 15, 2019 1863 Views 0 comment Print

In re ITD Cementation India Ltd. (GAT AAAR West Bengal) It is clear from the very nature of the project that it creates infrastructure for commercial utilization of the national waterway. Though the Multi-modal IWT Terminal will facilitate commerce and business in and around Haldia, West Bengal, its creation is not for propagating any business […]

Solar Power Device attract 9.8 % GST: GST AAAR Rajasthan

May 15, 2019 2697 Views 0 comment Print

In re Shri Kailash Chandra (GST AAAR Rajasthan) We find that the Appellant had produced copies of the Volume-I and Volume-II of the Tender-Document No. 17/2016-17 dated 23.08.2016 issued by the Additional Chief Engineer , Public Health Engineering Department (PHED) , Region-II, Jodhpur inviting tenders for designing, providing, installation, commissioning, of 118 Nos. Solar Energy […]

Semi-stitched Salwar/Churidar are taxable as garments at 5% / 12%

May 13, 2019 5652 Views 1 comment Print

Semi-stitched Salwar/Churidar are liable to GST @ 5% [CGST-2.5% and SGST-2.5%], if the Sale Value is less than Rs. 1000/- per piece and @ 12% [CGST-6% and SGST-6%], if the sale value is more than Rs. 1000/- per piece.

Classification and rate of GST on PP non-woven bags made from Non-woven fabric

May 13, 2019 2658 Views 0 comment Print

In re M/s U.S. Polytech (GST AAAR West Bengal) P P Non-woven bags manufactured by the Applicant from ‘Non-woven fabric’ under HSN 5603 falls under HSN 6305 33 00 and the applicable rate for the bags of value not exceeding Rs.1000/= per piece is taxable at the rate of 5% under Serial No. 224 of […]

ITC of Central GST paid in Haryana not available to Appellant registered in Rajasthan

May 8, 2019 2868 Views 0 comment Print

In re M/s IMF Cognitive Technology Private Limited (GST AAAR Rajasthan) Credit of input tax is admissible to a registered person, subject to conditions and restrictions , and input tax inter alia is Central tax charged on inward supply of a registered person. Going further, Central tax is Central GST levied under Section 9 of […]

No ITC on lease rent paid in pre-operating period: AAAR

May 3, 2019 3543 Views 0 comment Print

In re GGL Hotel and Resort Company Ltd. (GST AAAR West Bengal) Whether ITC is admissible on lease rental paid for the pre-operative period for the land on which a hotel is being constructed The Appellant acquired land from the WBHIDCL on lease paying an upfront amount as premium and a yearly lease rental @10% […]

AAAR quashes AAR ruling considering Change in Law after ruling

April 26, 2019 1332 Views 0 comment Print

In re Hero Solar Energy Pvt. Ltd. (GST AAAR Haryana) The order dated 22.08.2018 of the Advance Ruling Authority is quashed and the applicant may approach the Advance Ruling Authority for taking a decision afresh in accordance with law. The advance ruling dated 29.08.2018 obtained by the appellant is prior to the amendments made with […]

Work contracts service to APEPDCL not eligible for concessional GST rate of 12%

April 24, 2019 924 Views 0 comment Print

In re Vijai Electricals Limited (GST AAAR Andhra Pradesh) Ruling of AAR is upheld. Confirmed that the work contracts service rendered by M/s Vijai Electricals (the appellant) to APEPDCL are not eligible for concessional rate of tax 12% as per serial no.3 of entry no.vi (a) of notification no. 24/2017 Central Tax (Rate) dated 21-09-2017. […]

Intent or objective of any club or association immaterial for leviability of GST

April 23, 2019 1482 Views 0 comment Print

Accordingly, it is believed that under the GST Law, the intent or objective of any club or association is immaterial in so far as the leviability of GST is concerned. Therefore, provision by club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members will surely attract GST irrespective of the fact that such club is not set up with the objective of providing any goods or service to its members.

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