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AAR Gujarat

Transfer on a going concern is supply of service & exempted from GST

August 27, 2021 7050 Views 0 comment Print

In re Airport Authority of India (GST AAR Gujarat) 1. Whether the transfer of business by the AAI to the M/s. Adani Ahmedabad International Airport Limited be treated as Supply u/s. 7 of the Central Goods and Service Tax Act, 2017 (“CGST”) viz-a-viz Gujarat State Goods and Service Tax Act, 2017 (“GSGST”)? The Subject Supply […]

Partially Coated Polyester Fabric (Knitted or Woven) classifiable at HSN 5903

August 27, 2021 1338 Views 0 comment Print

In re Supercoat India (Trade Name) Ayush Baid (Legal Name) (GST AAR Gujarat) i. The applicant supplies partially coated Polyester fabric ( knitted/woven) or partially coated fabric. ii. Said fabric is scattered with micro-dot printing. iii. The subject goods are used as interlining fabric. iv. The resultant fabric is partially coated on one side with […]

Purchaser has no locus standi to file Advance ruling application

August 24, 2021 1341 Views 0 comment Print

In pursuance to Section 95(a) CGST Act, We hold that the Question raised by the applicant does not fall under the gamut of said Section 95(a). Thereby, in pursuance to Section 95(a) and Section 103(1) of CGST Act, we hold that the applicant has no locus standi to file subject application.

Advance ruling obtained with misrepresentation of facts is void ab-initio

August 18, 2021 1398 Views 0 comment Print

In re J K Papad Industries (GST AAAR Gujarat) Appellant has obtained the Advance Ruling by submitting application of advance ruling with suppression of material facts or misrepresentation of facts, and the application was not eligible to be admitted in view of proviso to sub-section (2) of section 98 of the CGST Act, 2017. Therefore, […]

ITC not eligible on CSR Activity as Companies (CSR Policy) Rules, 2014

August 11, 2021 2541 Views 0 comment Print

AAR held that, no Input Tax Credit (ITC) would be available for Corporate Social Responsibility (CSR) activities excluded from normal course of business.

GST @18% payable on services provided by sub-sub-contractor to sub-contractor to main contractor pertaining to irrigation, construction

August 11, 2021 7044 Views 0 comment Print

AAR held that, GST is payable on services provided by sub-sub-contractor to sub-contractor pertaining to irrigation, construction, maintenance works to irrigation department @ 18%.

GSRDC is a Government Entity: GST AAR Gujarat

August 11, 2021 1959 Views 0 comment Print

In re Gujarat State Road Development Corporation (GST AAR Gujarat) We have examined the Government of Gujarat Resolution dated 20-2-99, placed before us by the applicant, whereby GSRDC was established with objective to undertake the development of bridges and roads. We find that Government of Gujarat has established GSRDC as its wholly owned company and […]

‘Ammonium Sulphate’ is classifiable at HSN 310221

August 11, 2021 2757 Views 0 comment Print

In re  Willmart Enterprise (GST AAR Gujarat)  1. ‘Ammonium Sulphate’ is classifiable at HSN 310221. 2. GST of 5% is leviable on Ammonium Sulphate supplied for direct use as fertilizers or used in the manufacturing of complex fertilizers for agricultural use (soil or crop fertilizers). 3. GST of 18% is leviable on Ammonium Sulphate supply for […]

Activity of re-gasification of LNG owned customers, amounts to rendering of service by job work

August 11, 2021 3213 Views 0 comment Print

AAR held that, assessee’s activity of re-gasification of LNG owned by its customers, amounts to rendering of service by Job Work and leviable to GST @ 12%.

ITC on GST paid on canteen facility is inadmissible

July 30, 2021 7326 Views 1 comment Print

In re Tata Motors Ltd. (GST AAR Gujarat) TC on GST paid on canteen facility is blocked credit under Section 17(5)(b)(i) of CGST Act and inadmissible to applicant. GST, at the hands on the applicant, is not leviable on the amount representing the employees portion of canteen charges, which is collected by the applicant and […]

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