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AAR Haryana

Seat adjuster as accessories to motor vehicle falls under chapter heading 8708

July 26, 2019 1563 Views 0 comment Print

In re Shiroki Technico India Private Ltd. (GST AAR Haryana) Whether the product; namely ‘seat adjuster’ merit classification under Serial No. 170 as per Notification No. 1/2017- Central Tax (Rate) dated 28.06.2017 or under Serial No. 435A of Notification No. 1/2017- Central Tax (Rate) dated 28.06.2017 as amended by Notification No. 41/2017- Central Tax (Rate) […]

No ITC on goods used for permanent beneficial enjoyment of building

July 19, 2019 2127 Views 0 comment Print

In re Synergy Global Steel Pvt. Ltd. (GST AAR Haryana) In the present case, the applicant constructed a building for the purpose of leasing or renting out the same for running an industry. The said building is imbedded in the earth as per clause (b) above and the goods in question are attached to the […]

No ITC on permanent hall or pandal or shamiana created for functions

June 21, 2019 5415 Views 0 comment Print

In re VDM Hospitality Private Limited (GST AAR Haryana) Whether the Temporary Structure (i.e. hall or pandal or shamiana or any other place) built up with Iron/Steel Pillars tight up with Nuts and Bolts (as shown picture enclosed) specially created for functions would be treated as Movable or Immovable property in pursuance to the GST […]

ITC on pre-engineered structure used in construction of warehouses

June 18, 2019 16314 Views 0 comment Print

In re Embassy Industrial Parks Private Limited (GST AAR Haryana) Q. Whether input GST credit can be availed by the Applicant on pre-engineered structures which is movable in nature and accounted as ‘Plant and machinery’ and not capitalized as an immovable property? Ans. As per the definition of immovable property contained in the General Clauses […]

Stadiometer & Infantometer falls under tariff item 90189019

April 26, 2019 4524 Views 0 comment Print

In re Medi Waves Inc (GST AAR Haryana) Both Stadiometer and Infantometer are medical instrument used exclusively for clinical and medical experimental purposes and are not scale rods or divided scales of general nature. Hence, these are covered under tariff item 9018 90 19 (other category) with rate of tax being 12% (6% each under […]

AAAR quashes AAR ruling considering Change in Law after ruling

April 26, 2019 1656 Views 0 comment Print

In re Hero Solar Energy Pvt. Ltd. (GST AAAR Haryana) The order dated 22.08.2018 of the Advance Ruling Authority is quashed and the applicant may approach the Advance Ruling Authority for taking a decision afresh in accordance with law. The advance ruling dated 29.08.2018 obtained by the appellant is prior to the amendments made with […]

GST Rate on inter-state supply of parts of railways in unassembled condition

April 24, 2019 1095 Views 0 comment Print

In re JSL India Pvt. Ltd. (GST AAR Haryana) Q1. What would be the rate of tax applicable on inter-state supply of parts of railways in unassembled condition? Ans: From the explanatory note VII mentioned above, it is clear that complete or finished articles presented unassembled or disassembled are to be classified in the same […]

AAR bound to pronounce ruling within 90 days of receipt of application

April 23, 2019 609 Views 0 comment Print

In re Kayden Investments Pvt. Ltd. (GST AAR Haryana) In order to decide the admissibility of the application, the applicant was called upon to appear before this Authority on 12.04.2019 vide memo no. 664 dated 09.04.2019, but none appeared on behalf of the applicant. Thereafter, notice of appearance was sent for 22.04.2019 vide memo no. […]

PP non-woven bags falls under Heading 3923

April 10, 2019 909 Views 0 comment Print

In re Concepts India (GST AAR Haryana) In light of the above discussion, the Authority for Advance Ruling holds that the product manufactured and supplied by the applicant i.e. PP non-woven bags are covered under Heading 3923 in the sub-heading 3923 29 90 (other) and taxable at 18% (9% CGST and 9% HGST). FULL TEXT […]

Section 17(5)(h) bars credit of ITC on goods supplied in marketing events

April 10, 2019 9534 Views 0 comment Print

In re BMW India Pvt. Ltd. (GST AAR Haryana) Q1. Whether certain customized lifestyle goods procured by BMW India either from a third party local supplier or imported from outside India for supply of goods during promotion/marketing events organized by the company will qualify as used in the course or furtherance of business in term […]

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