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AAR Gujarat

GST: Conditions for a contract to get classified as pertaining to Railways

July 3, 2020 1686 Views 0 comment Print

In re SKG-JK-NMC Associates (JV) (GST AAR Gujarat) The Contract of the applicant should satisfy the following conditions to get covered under the contract pertaining to Railways and to enjoy concessional rate of GST of 12% instead of 18% [(3(v)(a) of the Notification No.11/2017-Central Tax (Rates) dated 28.06.2017]  (i) The Contract must be a composite […]

GST on Franchisee Fees & Royalty for use of trademark, brand name, IPR

July 3, 2020 78327 Views 2 comments Print

In re Tea Post Private Ltd (GST AAR Gujarat) Question-1: Classification of any goods and services or both for which ‘Franchisee Fees’ and ‘Royalty’ received by the applicant under the franchisee agreement from the franchisee for the right to use its trademark, brand name and other proprietary knowledge (Intellectual Property). Answer: “Franchisee Fees” and “Royalty” […]

HSN Code & GST rate for Plastic Mechanical Liquid Dispenser

July 3, 2020 17754 Views 0 comment Print

In re Nishith Vipinchandra Shah (GST AAR Gujarat) Question: What is the HSN Code and rate of tax for Plastic Mechanical Liquid Dispenser? Answer: Imported Plastic Items, (stated as Plastic Mechanical Liquid Dispenser) shall be classified, under HSN Chapter sub-heading 3926.90- Others, as ‘articles, not elsewhere specified or included, of plastics (as defined in Note […]

GST: Value of supply on sale property with undivided rights of land

July 2, 2020 6342 Views 0 comment Print

In re Karma Buildcon (GST AAR Gujarat) Question 1. What will be the value of supply for the transaction of sale of residential/ commercial property with undivided rights of land? Answer : The value to be arrived in terms of deeming provision of Para 2 of Notification no. 11/2017-CT (Rate) dated 28.06.2017, as amended by […]

GST on Licensing services for right to use minerals including its exploration & evaluation

July 2, 2020 2673 Views 0 comment Print

In re Giriraj Quarry Works (GST AAR Gujarat) (i) What is the classification of service provided in accordance with Notification 11/2017-CT (Rate) dated 28.06.2017 read with annexure attached to it, , for which royalty is being paid. Ans. The activity undertaken by the applicant is classifiable under Heading 9973 (Leasing or rental services, with or […]

GST payable on service for maintenance of accounts to SSNNL

July 2, 2020 1251 Views 0 comment Print

In re Dhirubhai Shah & Co. LLP (GST AAR Gujarat) The professional service for maintenance of accounts and allied items of work provided to  SardarSarovar Narmada Nagar Limited (SSNNL ) { A Government of Gujarat undertaking) by the applicant is a taxable service under Section 9 (1) of The CGST Act, 2017 or exempted vide […]

GST on body building on chasis of motor vehicle owned by others

July 2, 2020 10932 Views 0 comment Print

In re AB N Dhruv Autocraft (India) Pvt. Ltd (GST AAR Gujarat) A. Whether the treatment or process of body building by fabrication and other processes carried out on chasis of motor vehicle owned by others is supply of services? Ans. In case the applicant received the chasis from the principal on Job work challan/ […]

Maize Bran cannot be considered as a ‘cattle feed’ by definition

July 2, 2020 3966 Views 0 comment Print

In re Sayaji Industries Ltd. (GST AAR Gujarat) Maize Bran is used as a major supplement for cattle feed. The word ‘supplement’ is defined in dictionary as “a thing added to something else in order to complete or enhance it.” Therefore, Maize Bran is a product which is added to cattle feed to complete it […]

GST registration applicability to franchisees of taxable person

July 2, 2020 17310 Views 0 comment Print

In re Patrator (GST AAR Gujarat) On going through the said clauses of the agreement, it is observed that the applicant is required to fulfill the requirements of infrastructure and manpower before commencement of operations of the Centre as per the instructions of the Company and will continue to possess it during the whole tenure […]

GST on educational assessment examination services to school

July 2, 2020 4881 Views 0 comment Print

In re Educational Initiative Pvt. Ltd. (GST AAR Gujarat) (i) Whether the educational assessment examination (ASSET) with its variants) provided by the applicant to school/educational organization is exempted from payment of GST under Sr. No. 66(b)(iv) of the Not. No. 12/2017-CT (rate) dated 28.06.2017 and entry No. 69(b)(iv) of Not. No. 9/2017-Integrated Tax (Rate) dated […]

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