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AAAR

AAAR rejects appeal for Procedural lapses in Appeal

April 12, 2019 1170 Views 0 comment Print

In re Divisional Forest Officer (GST AAAR Andhra Pradesh) On verification of the application filed by the applicant ,the following procedural lapses are noticed : The applicant failed to comply with the provisions of Rule 106 of the APGST Act which reads as under: Rule 106: Form & Manner of appeal to the appellate authority […]

AAAR / AAR have No jurisdiction to consider admissibility of service tax /VAT credit

April 11, 2019 1371 Views 0 comment Print

In re Kolte Patil Developers Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld the ruling given by the Advance Ruling Authority by observing  that  since the Appellant has raised questions on the admissibility of the credit of the service tax and VAT paid under the pre-GST regime, it is held that neither […]

Job work services for manufacturing beer attracts 18% GST

April 9, 2019 4848 Views 0 comment Print

In re Crown Beers India Private Limited (GST AAAR Maharashtra) It is worth noting here that in erstwhile Service Tax regime also, the said activities of CBUs of manufacturing alcoholic liquor on behalf of Brand Owners (BOs) against a consideration, were subjected to Service Tax and this was clarified also by CBIC (earlier CBEC) vide […]

AAAR have no jurisdiction to determine place of supply of services or goods or both

April 3, 2019 1734 Views 0 comment Print

in order to determine which levy, whether CGST and SGST, or IGST will be imposed on the said supply of photography services of the Appellant, we will have to determine the place of supply. Then only, we can determine the nature of levy, whether CGST and SGST or IGST, which will be imposed on the said supply of service of the Appellant. Since, we do not have jurisdiction to determine the place of supply of services or goods or both

GST on Turbine Generator set to execute waste to energy project awarded by Govt

April 3, 2019 1842 Views 0 comment Print

In re M/s Triveni Turbine Limited (GST AAAR Karnataka) The appallate authority for advance ruling has set aside the rulings passed under section 98(4) of the CGST Act 2017 vide NO.KAR.ADRG 28/2018 dated 17/11/2018 i.e. Contention of the appeallant is allowed based on the Circular No 80/54/2018-GST dated 31.12.2018, at Para 11, has clarified that […]

Nil GST Rate applicable on Rejected wheat and Paddy seeds

March 30, 2019 2139 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 1425 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 1818 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 2238 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 2670 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 […]

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