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AAR Haryana

18% GST chargeable on thermal based fogging machine

September 16, 2022 3810 Views 0 comment Print

Whether thermal based fogging machines used for mosquito/health/ pest/vector control can be classified as mechanical sprayers

GST applicable on Common Area Electricity charges collected on actual basis by RWA

August 31, 2022 11091 Views 0 comment Print

In re Close North Apartment Owner’s Association (GST AAR Haryana) Question 1. Whether GST is applicable on the Common Area Electricity charges collected, on actual basis, by the Applicant from the residents of the apartment complex, or not? Yes at the rate of 18% (SGST 9%+CGST 9%) Question 2. Whether GST is applicable on the […]

18% GST applicable on combination of solar inverter & battery

August 24, 2022 13572 Views 0 comment Print

In re M.N. Solar Co. (GST AAR Haryana) AAR held that that the combination of solar panel, inverter, solar battery and charge controller may qualify as “Solar Power Generating System. If said items are supply in the assemble form, it will covered under ‘Solar Power Generating System’ and will be treated as composite supply. Accordingly […]

For any service to qualify as warehousing services it is not imperative that negotiable warehousing receipts must have been issued for them

March 10, 2022 2916 Views 0 comment Print

In re Haryana State Warehousing Corporation (GST AAAR Haryana) The contention of the Appellant that all the services provided by the warehouse owner qualify as warehousing services is not tenable as the Appellant has tried to expand the scope of warehouse services as mentioned in entry 54 of the of the Notification No. 47/ST-2, dated […]

Commission agent liable to pay tax on supply of raw cotton by an agriculturist on reverse charge basis

March 10, 2022 7863 Views 0 comment Print

In re Bhaktawar Mal Kamra & Sons (GST AAAR Haryana) Whether commission agent, providing services in relation to sale or purchase of agriculture produce, is liable to obtain registration and is liable for tax under reverse charge mechanism on services provided in sale of raw cotton vide notification No. 121/ST-2, dated 14.11.2017 issued under Haryana […]

Pizza Topping merits classification under chapter heading 21069099

March 10, 2022 3126 Views 0 comment Print

In re Khera Trading Company (GST AAAR Haryana) We find that the product in question i.e. ‘Pizza Topping’ is a product made out of mozzarella cheese, vegetable oil and milk solids as main ingredients with premixes of emulsifiers and stabilizers. The mozzarella cheese is blended with other ingredients and heated upto a required degree. After […]

Cooking cream merits classification under chapter heading 21069099

March 10, 2022 2826 Views 0 comment Print

In re Khera Trading Company (GST AAAR Haryana) In the instant case, the impugned item is mixture of vegetable oil and other food stuffs. After the manufacturing process, as detailed in the appeal, it is observed that individual identity of all the mixtures is lost and what, emerges is totally a different item, a new product […]

ITC not eligible on Motor Vehicle used for demonstration

June 28, 2021 4533 Views 0 comment Print

In re Platinum Motocorp LLP (GST AAAR Haryana) We find that use to which the Demo Vehicles are put to, does not fit into the uses which find mention in sub-Section 17(5). The vehicles under question are not meant for ‘further supply of such motor vehicles’, but are first put to the mentioned uses. These […]

Input Tax Credit on demo car/Vehicle not allowed: AAAR

June 28, 2021 4263 Views 0 comment Print

In re BMW India Pvt. Ltd. (GST AAAR Haryana) We find that none of the uses to which the BMW Vehicles are put to, fits into the uses which find mention in sub-Section 17(5). The vehicles under question are not meant for ‘further supply of such motor vehicles’ i.e further supply as such’, but are […]

No GST on Training to Students Sponsored by State Govt: AAR Haryana

June 23, 2021 2454 Views 0 comment Print

In re Sachdeva Colleges Limited (GST AAR Haryana) 1. Advance Ruling by Haryana Authority holding that Company imparting Training to students sponsored by SC and BC Department Haryana is not liable to GST or Registration under the Act. 2. The training imparted by IWs Sachdeva colleges Ltd. to the students selected through Directorate of Haryana […]

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