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AAR Karnataka

ITC not eligible on Promotional Products used in promotion of own Brand

April 16, 2021 17148 Views 0 comment Print

The Promotional Products/Materials & Marketing items used by the Appellant in promoting their brand & marketing their products can be considered as “inputs” as defined in Section 2(59) of the CGST Act, 2017. However, the GST paid on the same cannot be availed as input tax credit in view of the provisions of Section 17(2) and Section 17(5)(h) of the CGST Act, 2017.

GST on pick-up charges paid to the owner / driver

April 7, 2021 5553 Views 0 comment Print

Do the pick-up charges paid to the owner / driver fall under GST rate of 5%? Yes, the pick-up service is incidental to the main service of transportation of passengers by radio taxi and hence the pick-up charges form part of the service of transportation of passengers by a radio taxi and hence the applicant is liable to pay GST @ 5%, on such pick-up charges.

Parboiling Rice & Drying plant classifiable under HSN 8419

April 6, 2021 5289 Views 0 comment Print

In re SKF Boilers And Driers (P) Ltd. (GST AAR Karnataka) 1. Whether parboiling and drier plant is part of rice milling machinery as specified in the Notification dated 28-06-2017 under HSN 8437 issued under the CGST Act, 2017 taxable at 5% (2.5% CGST + 2.5% SGST)? 2. If the above mentioned plant/machinery is not […]

Supply made by Cost Centers of ‘BEML’ is composite supply

April 6, 2021 1479 Views 0 comment Print

In re Bharat Earth Movers Limited (GST AAR Karnataka) Whether the supplies made by Cost Centres C,D, E and G are independent supplies of goods and services (as applicable) or composite supply with principal supply of goods? The supplies made by the applicant under Cost Centres C, D, E and G form a composite supply […]

GST on Rent received from Backward Classes Welfare Department

April 6, 2021 1689 Views 0 comment Print

In re Puttahalagaiah G.H. (GST AAR Karnataka) Whether Rent received from Backward Classes Welfare Department, is taxable or not? The applicant has rented his property to the Backward Classes Welfare Department, Government of Karnataka, who in turn is using the same for providing hostel facilities to the post metric girls of backward classes. This is […]

GST on contract relating to electrical works from sub-contractor for work of Government Company

April 6, 2021 12309 Views 0 comment Print

In re Hadi Power Systems (GST AAR Karnataka) Whether concessional rate of GST shall apply to the sub-contractor who is sub-contracted from a sub-contractor of the main contractor, the main contractor being provider of works contract to a Government entity? It is observed that the privity of contract is between the applicant and the M/S […]

GST on erection, commissioning & installation of waste-water pre-treatment plant

March 25, 2021 15807 Views 1 comment Print

In re Arvind Envisol Limited (GST AAR Karnataka) Whether the service of supply, erection, commissioning and installation of waste-water pretreatment plant followed by operation and maintenance of such plant attracts rate 12% of GST in terms of notification No.11/2017 Central Tax (rate) Dated: 28/06/2017? The service of supply, erection, commissioning and installation of waste-water pre-treatment […]

GST on leasing of property for use as residence with basic amenities

March 24, 2021 4215 Views 0 comment Print

Bishops Weed Food Crafts Pvt. Ltd. (GST AAR Karnataka) 1) Whether leasing of property for use as residence along with basic amenities would qualify, as composite supply under Section 2(30) of the Karnataka Goods and Services Tax Act, 2017? ‘Leasing of property for use as residence along with basic amenities’, in the instant case, is […]

Supply of software licence – supply of goods or services?

March 24, 2021 23274 Views 0 comment Print

The core issue before us to decide is the classification of the supply of software licence by the applicant i.e. whether it amounts to supply of goods or services. We observe that the software supplied by the applicant is a pre-developed or pre-designed software and made available through the use of encryption keys and hence it satisfies all the conditions that are required to be satisfied to cover them under the definition of ‘goods’,

GST on supervision charges of loading/unloading/transportation of agricultural produc

March 24, 2021 29715 Views 0 comment Print

In re Karnataka State Warehousing Corporation (GST AAR Karnataka) Whether ‘supervisory charges’ under clause 28(b) of the Office order on charges of KSWC charged to Food Corporation of India (FCI) by the Corporation towards supervision of loading, transportation and unloading of agricultural produce like Rice, wheat etc., at the rate of 8% on the amount […]

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