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AAR Gujarat

IGST Payable on supply of Import services under RCM

September 6, 2021 3288 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 6243 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 1614 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 4095 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 […]

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

August 27, 2021 7776 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 1947 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 1818 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 1707 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 2937 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 8001 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%.

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