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AAR Gujarat

18% GST applies on Biomass Fired (Steam) Boilers & Agro Waste Thermic Fluid Heater

April 8, 2021 5796 Views 0 comment Print

In re Isotex Corporation Pvt. Ltd. (GST AAAR Gujarat) In view of the foregoing, we confirm the Advance Ruling No. GUJ/GAAR/R/74/2020 dated 17.09.2020 of the Gujarat Authority for Advance Ruling to the extent it has been appealed before us, by holding that the products Biomass Fired (Steam) Boilers, Agro Waste Thermic Fluid Heater of M/s. […]

‘Fusible interlining fabric of cotton’ classifiable under Heading 5903

April 8, 2021 702 Views 0 comment Print

In re Girish Rathod (GST AAAR Gujarat) We find that CBEC Circular No. 433/66/98-CX-6 dated 27/11/1998 is relevant even today and has got persuasive value as on date. Further, Chapter Note 2(a)(4) to Chapter 59 says that fabrics partially coated or partially covered with plastics and bearing designs resulting from these treatments are excluded from […]

Plastic Mechanical Liquid Dispense liable to 18% GST

April 8, 2021 1023 Views 0 comment Print

The imported plastic item namely Plastic Mechanical Liquid Dispenser shall be classified under Chapter sub-heading 3923.50 of the Customs Tariff Act, 1975 (51 of 1975). The said product is liable to GST at the rate of 18% (9% CGST + 9% SGST)?

GST on supply of goods outside India from vendor’s premises located outside India

March 8, 2021 5745 Views 0 comment Print

Integrated Goods and Services Tax was payable from 01.07.2017 to 31.01.2019 and is not payable with effect from 01.02.2019 on supply of goods directly from the vendor’s premises located outside India in the non – taxable territory to the customer’s premises located at another place outside India in the non-taxable territory, without such goods entering into India.

Rice Bran (22+ Oil) classifiable under Tariff Item 2302 40 00

March 8, 2021 4107 Views 0 comment Print

In re Pratham Agro Vat Industries (GST AAAR Gujarat) The product Rice Bran (22+ Oil) being supplied by M/s. Pratham Agro Vat Industries is classifiable under Tariff Item 2302 40 00 of the First Schedule to the Customs Tariff Act, 1975.The product Rice Bran (22+ Oil) being supplied by M/s. Pratham Agro Vat Industries is […]

Fly Ash Bricks classifiable under Tariff item No. 68159910: AAAR Gujarat

March 8, 2021 3909 Views 0 comment Print

In re Dipakkumar Ramjibhai Patel (GST AAAR Gujarat) The product Fly Ash Bricks manufactured and supplied by Dipakkumar Ramjibhai Patel (M/s. Mahalaxmi Cement products and Timber) are classifiable under Tariff item No. 68159910 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975). The said product will be covered under Sr. No. 177 […]

Rhyzomyx & ‘Rhyzomyco classifiable under Tariff item No. 30029030

March 8, 2021 732 Views 0 comment Print

In re Novozymes South Asia Pvt. Ltd. (GST AAAR Gujarat) The products ‘Rhyzomyx’ and ‘Rhyzomyco’ manufactured and supplied by M/s. Novozymes South Asia pvt.ltd., are classifiable under Tariff item No.30029030 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975), is covered under Sr.no.61 of Schedule-II of Notification No.01/2017-Central Tax (Rate) dated 28.06.2017 […]

Nirma University not eligible for GST exemption under N/No. 12/2017-CT(R)

March 8, 2021 951 Views 0 comment Print

In re Nirma University (GST AAAR Gujarat) In the Notification No. 12/2017-Central Tax, Sr. No. 4 provides exemption to services by governmental authority by way of any activity in relation to any function entrusted to a municipality under article 243W of the Constitution. Similar services provided by Central Government, State Government, Union Territory or local […]

Builder/developer not allowed to deduct ‘actual land-value’ from ‘transaction-value’

March 8, 2021 2400 Views 0 comment Print

In re Karma Buildcon (GST AAAR Gujarat) In para 2 of Not No. 11/2017-CT (Rate), as amended vide Not. No. 01/2018-CT (Rate), there is deemed provisions that the value of transfer of land or undivided share of land, as the case may be, and the value of such transfer of land or undivided share of […]

No GST on amount recovered from employee for 3rd party canteen services

March 8, 2021 1728 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAAR Gujarat) We observe that the GAAR has ruled that the Goods and Services Tax is applicable on the amount recovered from employees, mainly on the premises that ‘the appellant is supplying food to its employees’, which would be covered under the definition of the term ‘business’ under […]

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