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AAR Gujarat

GST on free of cost bus transport facilities provided to employees

April 12, 2022 5841 Views 0 comment Print

In re Emcure Pharmaceuticals Limited (GST AAR Gujarat) Q1. Whether the recoveries made by the Applicant from the employees for providing canteen facility to its employees are taxable under the GST laws? A1. GST, at the hands of M/s Emcure, is not leviable on the amount representing the employees portion of canteen charges, which is […]

AAR cannot substitute word ‘CGST Rules’ for ‘Notification’ referred in section 97(2)(b)

April 12, 2022 957 Views 0 comment Print

We find no reason to substitute the phrase ‘CGST Rules’ for the word ‘Notification’ referred to in section 97(2)(b). We find no merit in this submission and hold that AAR has its carved out functional jurisdiction to pass Rulings as per Section 97(2).

GST on employees portion of 3rd Party canteen charges

April 12, 2022 2598 Views 0 comment Print

In re Cadmach Machinery Pvt Ltd (GST AAR Gujarat) Whether recovery of amount from employee on account of third party canteen service provided by assessee, which is obligatory under section 46 of Factories Act, 1948 would come under definition of, outward supply and, therefore, taxable as a supply under GST? Cadmach has arranged a canteen […]

Employer’s Share in Employee Refreshments Not Taxable as Supply of Services: AAR Gujarat

April 12, 2022 2193 Views 0 comment Print

AAR held that GST, at the hands of the M/s Cadila, is not leviable on the amount representing the employees portion of canteen charges, which is collected by M/s Cadila and paid to the Canteen service provider.

AAr can give ruling only on supply being undertaken or proposed to be undertaken

April 12, 2022 807 Views 0 comment Print

In re Royal Techno Projects (India) Pvt. Ltd. (GST AAR Gujarat) Vide email dated 1-4-22, M/s Royal submitted Work Order dated 1-12-20 for Widening & Strengthening Costg. Slab Drain of Asoj Pilol Road (VR) of Vadodara District under MMGSY 2019-20, from Gujarat State Road and Building Department. We find that vide the Tender to this […]

Recipient of Services cannot apply to know SAC & GST rate: AAR

April 12, 2022 1218 Views 0 comment Print

In re Surat Smart City Development Ltd. (GST AAR Gujarat) Recipient of supply may seek Rulings in cases pertaining to admissibility of ITC of tax paid or deemed to have been paid (Section 97(2)(d)) or when the recipient is liable to pay tax under RCM. We find no such case before us to hold that […]

ITC cannot be denied merely because one of the constituent service of mixed supply attracts Nil rate of tax

March 24, 2022 4998 Views 0 comment Print

Input Tax Credit on inputs, input services and capital goods cannot be denied merely on the ground that one of the constituent service of the mixed supply attracts Nil rate of tax if provided separately.

18% GST payable on Transportation of Parcels by GSRTC in its Buses

March 22, 2022 4791 Views 0 comment Print

In re Gujarat State Road Transport Corporation (GST AAR Gujarat) GSRTC entered agreement with M/s Ashapura Trade and Transport Private Limited (hereinafter referred to as Ashapura) to provided space in its buses, on top of the bus as well as in bus cabin, for transporting parcels of Ashapura. The parcels booked by Ashapura and transported […]

GST on Supply of functional Cattle Feed Plant with Erection, Installation & Commissioning

March 14, 2022 4896 Views 0 comment Print

In re IDMC Ltd. (GST AAR Gujarat) 1. Whether contract involving supply of equipment / machinery & erection, installation & commissioning services without civil work thereof would be contemplated as composite supply of cattle feed plant under GST regime? If the supplies would qualify as composite supply, what would be the classification of this bundle […]

GST exempt on Supply of services to State educational boards related to conduct of exam

March 14, 2022 4020 Views 0 comment Print

In re Data Processing Forms Pvt. Ltd. (GST AAR Gujarat) A. Whether from the facts and circumstances of the case, supplies made by the applicant to the Examination Boards and Educational Institution are entitled for exemption from payment of Good and Service Tax under Sr. No. 66, Heading No. 9992 (education Services) of the exemption […]

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