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AAR Gujarat

ITC not admissible on Land leasing services for construction of immovable property

October 18, 2021 12501 Views 0 comment Print

In re J M Chemicals (Trade Name) Manjuben Rameshchandra Gupta (Legal Name) (GST AAR Gujarat) Whether M/s. J.M. Chemicals is eligible to claim Input Tax Credit of GST paid on input services of Lease Premium paid to Ginni Filaments on which they have charged GST under the head miscellaneous receipt under SAC code No. 99979. […]

ITC not eligible on leasing charges of Land to be used for construction of administrative block/ factory etc.

October 18, 2021 3723 Views 0 comment Print

In re GACL NALCO Alkalies & Chemical Pvt. Ltd. (GST AAR Gujarat) Whether GNAL is entitled to claim Input Tax Credit of the GST paid on the services provided by GACL in the form of agreeing to surrender/ relinquish its rights in the leasehold property in favour of GNAL? Law makes it explicitly clear that […]

Lump-sum amount received for Health care Services exempt from GST

October 18, 2021 1275 Views 0 comment Print

In re Divyajivan Healthcare LLP (GST AAR Gujarat) Whether lump-sum amount received for Health care Services to be provided for 20 years by the applicant as ‘Diamond Plan’ is exempted from Goods and Services Tax as per Sr. No. 74 of Notification No. 12/2017- CT(R)? On careful consideration of the applicant’s submission, we find that […]

Supply of services even by unincorporated association to its members for consideration is supply under GST

September 15, 2021 3123 Views 0 comment Print

In re Gujarat Hira Bourse (GST AAR Gujarat) Supply of services even by unincorporated association to its members for consideration is supply under GST Scheme of law, as enacted by Competent legislature. Thus GHB reliance on Service tax era case law is misplaced in the subject matter. Even if we want to delve into the […]

No GST exemption on ASSET (Assessment of Scholastic Skills through Educational Testing with its variants

September 7, 2021 1275 Views 0 comment Print

In re Educational Initiative Pvt. Ltd. (GST AAAR Gujarat) In view of the foregoing discussion, we allow the appeal filed by the department, modify the Advance Ruling No. GUJ/GAAR/R/27/2020 dated 02.07.2020 of the Gujarat Authority for Advance Ruling and hold that ASSET (Assessment of Scholastic Skills through Educational Testing – with its variants) conducted by […]

GST on man power services provided to Govt Schools/Colleges/Hospitals/Offices

September 6, 2021 9864 Views 0 comment Print

In re Sankalp Facilities and Management Services Pvt. Ltd. (GST AAR Gujarat) 1. The Subject Supply for the purpose of Security, Cleaning and Housekeeping services provided to the cited schools are exempt from GST. 2. GST is liable to be paid on subject supply provided to all cited Government Colleges providing education services of above […]

IGST Payable on supply of Import services under RCM

September 6, 2021 2850 Views 0 comment Print

In re GSPC (JPDA) LTD (GST AAR Gujarat) On reading the Section 2(14) IGST Act, we find that the location of the recipient (GSPC(J)) in subject matter is Gujarat, which is a taxable territory. Further, as per entry 1 to Notification 10/2017-Integrated Tax(R), we find that the applicant, being the recipient of service, is liable […]

GST on payment of settlement fees against demand

September 6, 2021 5586 Views 0 comment Print

In re GSPC (JPDA) LTD. (GST AAR Gujarat) Issue: Whether payment of settlement fees against demand made by Autoridade Nacional do Petroleo E Minerais (ANP) vide letter dated 15.07.2015 attract levy of GST under GST regulations. Ans. GSPC (J) is liable to pay IGST, vide Reverse Charge Mechanism, on Import of Subject supply of Service […]

Advance ruling application not maintainable if DGGI inquiry initiated prior to application filing 

August 27, 2021 1272 Views 0 comment Print

In re V. L. Traders (GST AAR Gujarat) i. the applicant has suppressed the material facts that DGGI had initiated inquiry with respect to the same Questions raised in the subject Application and that the proceedings initiated by DGGI vide relevant sections of CGST Act was initiated prior to filing of subject Advance Ruling application. […]

E-Commerce Operator for booking of cabs liable for GST registration

August 27, 2021 3360 Views 0 comment Print

In re Gensol Ventures Pvt.Ltd. (GST AAR Gujarat) 1. Whether the applicant is liable to be registered and classified under the Category of E-Commerce Operator? M/s Gensol is an e-commerce operator and shall be liable to be registered. 2. Whether the applicant is liable to pay or discharge Goods & Service Tax(GST) in accordance to […]

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