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AAR Gujarat

No GST on canteen charges collected from Employees & Paid to service provider

March 7, 2022 954 Views 0 comment Print

In re Intas Pharmaceuticals Limited. (GST AAR Gujarat) Whether GST, at the hands of the applicant, is leviable on the amount representing the employees portion of canteen charges, which is collected by the applicant from employees and paid to the Canteen Service Provider? Appellant has arranged a canteen for its employees, which is run by […]

28% GST & 12% Compensation Cess leviable on Apple & Malt Cola Fizzy

March 7, 2022 6426 Views 0 comment Print

In re Mohammed Hasabhai Karbalai (GST AAR Gujarat) What should be the classification and applicable tax rate on the supply of Ready to Serve Fruit Beverage named as ‘Apple Cola Fizzy’ and ‘Malt Cola Fizzy’ made by the applicant under Notification No. 1/2017 – CT (Rate) dated 28.06.2017 as amended up to date? Apple Cola […]

28% GST & 12% GST Compensation Cess leviable on ‘Apple/Malt Cola Fizzy’

March 7, 2022 3231 Views 0 comment Print

In re Mohammed Hasanbhai Kabala (GST AAR Gujarat) What should be the classification and applicable tax rate on the supply of Ready to Serve Fruit Beverage named as ‘Apple Cola Fizzy’ and ‘Malt Cola Fizzy’ made by the applicant under Notification No. 1/2017 – CT (Rate) dated 28.06.2017 as amended up to date? AAR held […]

No GST on Canteen charges recovered from employees & paid to service provider

March 7, 2022 1197 Views 0 comment Print

In re Astral Ltd. (GST AAR Gujarat) Applicant has arranged a canteen for its employees, which is run by a Canteen Service Provider. As per their arrangement, part of the Canteen charges is borne by Astral whereas the remaining part is borne by its employees. The said employees’ portion canteen charges is collected by Astral […]

GST Advance ruling application by recipient of service not maintainable: AAAR

February 24, 2022 528 Views 0 comment Print

The provisions of Section 103 states that the ruling pronounced is binding only on the applicant. It is amply clears that if a recipient of supply obtains a ruling on the taxability of his inward supply of goods or services or both, the supplier of such goods or services or both is not bound by that ruling and he is free to assess the supply according to his own determination/understanding of law and hence ruling loses its relevance and applicability.

Nimba Nature Cure Village not eligible for GST Exemption notification benefit

February 17, 2022 1470 Views 0 comment Print

In re Oswal Industries Ltd (GST AAAR Gujarat) The Advance Ruling No. GUJ/GAAR/R/25/2020 dated 09.07.2020 by holding that M/s. Oswal Industries Ltd. (M/s. Nimba Nature Cure Village) is not eligible to get the benefit of Sr. No. 74 of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 and corresponding Notification No. 12/2017-State Tax (Rate) dated 30.06.2017 […]

GST on recovery of Notice Pay from employees- No Ruling by AAAR due to difference of Opinion

February 9, 2022 4044 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAAR Gujarat) Question: Whether the applicant is liable to pay GST on recovery of Notice Pay from the employees who are leaving the company without completing the notice period as specified in the Appointment Letter issued as per the contract entered between Employer and the Employee?” Answer: AAAR […]

GST on supply of Aluminium Foil Type Winding Inverter Duty Transformer for solar project

December 23, 2021 639 Views 0 comment Print

In re Shilchar Technologies Limited (GST AAR Gujarat) Q. Whether supply of Aluminium Foil Type Winding Inverter Duty Transformer classifiable under Chapter Heading 8504 and parts of Transformer supplied / to be supplied for initial setting up of solar project falls under Sr. No. 234 in Schedule-I to Notification No.01/2017-Central Tax (Rate) dated 28th June, […]

ITC cannot be denied merely on the ground that inputs have no nexus with outward supply

December 22, 2021 19938 Views 0 comment Print

AAAR modified the ruling passed by the AAR, and held that, the assessee is entitled to use the Input Tax Credit balance lying in its Electronic Credit Ledger (ECL), legitimately earned on the on Gold & Silver Dore Bars etc., for the purpose of paying GST on outward supply on Castor Oil Seeds, and it cannot be denied merely on the ground that the inputs have no nexus with outward supply.

AAAR confirms 18% GST on sale of developed plots

December 22, 2021 13140 Views 0 comment Print

AAAR held that GST is leviable on sale of plot of land, where primary amenities such as water line, electricity line, and other infrastructure are being constructed/developed. Held that, it is a sale of developed plots and will be covered under the scope of supply of taxable service falling under the head of ‘Construction services’. Hence liable to 18% GST.

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