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AAR Karnataka

In absence of taxable supply liaison office not required to register under GST

February 22, 2021 2664 Views 0 comment Print

In re Fraunhofer-Gesellschaft ZurForderung der angewandten Forschung (GST AAAR Karnataka) Since the parent company in Germany and the Appellant in India cannot be treated as separate persons but as one legal entity, the liaison activity performed by the Appellant for the parent company is in the nature of a service rendered to self A service […]

Thermal spray/metal or metal alloy coating on goods belonging to another person is Job work

February 8, 2021 4818 Views 0 comment Print

In re Spraymet Surface Technologies (Pvt.) Ltd. (GST AAR Karnataka) Section 2 (68) of CGST Act, 2017 defines job work as, ‘any treatment or process undertaken by a person on goods belonging to another registered person’. Further Schedule II, in relation to Section 7 of the CGST Act 2017, prescribes the activities or transactions to […]

Renting of e-bikes/bicycles without operator is classifiable under SAC 9973

February 2, 2021 9507 Views 0 comment Print

Renting of e-bikes/bicycles without operator is classifiable under SAC 9973 – Leasing or rental services without operator and rate of tax as applicable under entry Sl.No.17(viia) of Notification no. 11/2017 CT(R) dated 28th June 2017 as amended is applicable to the instant case

ROM rejection order not merges with original advance ruling order

February 2, 2021 3666 Views 0 comment Print

In re Durga Projects & Infrastructure Pvt Ltd (GST AAAR Karnataka) even in cases where a rectification of mistake application is admitted and a mistake apparent on record is corrected, the original order is not set aside. The original order remains on record and only the mistakes are corrected therein. The principle of doctrine of merger […]

GST on support services for research on Prevention of Epilepsy

January 29, 2021 2742 Views 0 comment Print

In re Vivaan Ventures (GST AAR Karnataka) (a) What will be the SAC applicable to the activities undertaken by M/s Vevaan Ventures? The services provided by the applicant, as explained earlier is not in connection with the diagnosis or treatment or care for illness and is related to support services for research and is covered […]

GST on diagnostic & treatment services rendered to Hospitals/Labs/biobanks registered outside India

January 29, 2021 3003 Views 0 comment Print

In re Dr. H.B. Govardhan (GST AAR Karnataka) (a) Is the applicant eligible to be registered under GST Act? The applicant is providing Business Promotion & Management Services, covered under SAC 9983 and are taxable as discussed at para 11 supra. The applicant being a service provider, as an intermediary, becomes a taxable person and […]

GST payable on manpower services to Kuvempu University

January 29, 2021 1749 Views 0 comment Print

Whether applicant should charge GST @ 18% for providing security guards and housekeeping services to Kuvempu University, Shivamogga? The applicant is liable to discharge GST @ 18% (9% CGST + 9% KGST) on forward charge basis for providing manpower services to Kuvempu University, Shivamogga.

GST on Manpower Services payable on Gross Amount

January 29, 2021 55734 Views 1 comment Print

In re KSF-9 Corporate Services Pvt. Ltd. (GST AAR Karnataka) Whether applicant should charge GST @ 18% for providing manpower service only on the services charges or on the total bill amount? The value of the taxable supply of manpower services is the transaction value equivalent to the bill amount which is inclusive of actual […]

Property or other tax cannot be deducted to compute rental value for GST

January 11, 2021 1704 Views 0 comment Print

In re Midcon Polymers Pvt Ltd. (GST AAAR Karnataka) The Appellate Authority modify the advance ruling No.KAR ADRG 48/2020 dated 16-09-2020 and answer the questions raised by the Appellant in the original advance ruling application and in this appeal, as follows: 1. For the purpose of arriving at the value of rental income, the Appellant […]

Chacolate Milk Powder is classifiable under Tariff heading 1806

January 8, 2021 1812 Views 0 comment Print

Milk and Milk products are classified in Chapter 4 and the headings 0401 86 0402 are relevant to Milk / Milk in the form of powder or granules and crème. The product in the instant case is neither milk nor milk powder but ‘Chocolate Milk Powder’, which is admittedly obtained on blending of Whole Milk Powder with Chacolate Flavoured Powder in the ratio of 97.5 to 2.5.

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