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AAR Gujarat

Supply of Pencils Sharpener with Pencils is Mixed Supply

December 30, 2022 3279 Views 0 comment Print

Whether supply of Pencils Sharpener along with Pencils being the Principal supply will be considered as the Composite Supply or Mixed Supply.

Readily available food & beverages (not prepared in restaurant) not qualify as ‘restaurant services’

December 30, 2022 15459 Views 0 comment Print

Readily available food and beverages (not prepared in restaurant) sold over counter is supply of goods which is liable to applicable rate of GST Tax and not qualify as ‘restaurant services’.

Afforestation of plants by charitable trust is exempt from GST

December 30, 2022 3006 Views 0 comment Print

AAR held that activity of plantation is to be considered as charitable activity carried on by a Charitable Trust and is exempted from GST

No ruling by AAR if Applicant fails to submit sufficient documents

December 30, 2022 864 Views 0 comment Print

In re Shivam Developer (GST AAR Gujarat) Applicant have not submitted sufficient documents to decide the Ruling on the question sought for, therefore we are not inclined to pronounce the Ruling in absence of proper documents. We are of the view that the ruling can be pronounced on the basis of proper documents in support […]

No GST exemption on Treated Water’ obtained from CETP

December 30, 2022 4587 Views 0 comment Print

In re Hojiwala Infrastructure Limited (GST AAR Gujarat) 1. Treated Water’ obtained from CETP (classifiable under Chapter 2201) is not eligible for exemption from payment of Tax by virtue of SI. No. 99 of the Exemption notification no. 02/2017-C.T. (Rate) dated 28.06.2017. (as amended) and SI. No. 99 of the Exemption Notification No. 022017- Integrated […]

‘Treated Water’ obtained from CETP (classifiable under Chapter 2201)

December 30, 2022 1623 Views 0 comment Print

In re Palsana Enviro Protection Ltd (GST AAR Gujarat) 1. Whether Treated Water obtained from CETP will be eligible for exemption from GST by virtue of of the Exemption Notification? ‘Treated Water’ obtained from CETP (classifiable under Chapter 2201) is not eligible for exemption from payment of Tax by virtue of SI. No. 99 of […]

ITC available on canteen facility provided to direct employees working in factory

December 22, 2022 12453 Views 0 comment Print

In re Tata Motors Limited (GST AAAR Gujarat) Whether input tax credit (ITC) available to applicant on GST charged by service provider on canteen facility provided to employees working in factory? 2. If ITC is available as per question no. (1) above, whether it will be restricted to the extent of cost borne by the […]

Geomembrane merits classification at HSN 5911, tariff item 59111000

October 18, 2022 2583 Views 0 comment Print

In re Shree Ambica Geotex Pvt. Ltd (GST AAR Gujarat) The applicant, engaged in the manufacture and sale of textile products including Geomembranes, sought an advance ruling on the correct GST classification of its product. The primary issue was whether Geomembranes should be classified under Heading 5911, Sub-heading 59111000 as textile products for technical use, […]

Advance ruling cannot be given if appellant mis-declared facts of initiation of proceedings

October 6, 2022 930 Views 0 comment Print

In re Shalby Limited (GST AAAR Gujarat) We find that the appellant in their application for advance ruling made before the GAAR had at Para 17 of Form GST ARA-01 had ticked on both the options thereby declaring that the question raised in the application is not already pending in any proceedings in the applicant’s […]

Combined wire Rope not Part of fishing Vessel & not eligible for 5% GST Rate

September 28, 2022 1608 Views 0 comment Print

In re Shakti Marine Electric Corporation (GST AAR Gujarat) Whether, GST Rate of 5% in terms of Sr.No.252 of Schedule-I of Notification No. 1/2017-CTR, corresponding notification issued by Gujarat State and Notification No. 1/2017-ITR is applicable in the case ‘Combined Wire Rope’ used as a part of Fishing Vessel? Goods whenever used as a parts […]

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