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AAR Karnataka

Land filling Pit is not a plant & machinery but a civil structure

September 11, 2020 3678 Views 1 comment Print

Civil structure involves engineering work at both levels i.e above and below the ground. We find that the applicant has performed civil work to create the landfill pits below the ground and therefore it is a civil structure.

GST on services provided by Housing Society to Members

September 11, 2020 3867 Views 0 comment Print

In re Gnanaganga Gruha Nirmana (GST AAR Karnataka) 1. The activity of maintaining the facilities at the layout from the funds collected from the members of the Society is a service attracting GST. The answer is Yes. 2. The contributions collected by the applicant from the member of the housing society either annually or once […]

No rectification of Advance Ruling if no error / apparent mistake

September 11, 2020 903 Views 0 comment Print

In re Durga Projects 86 Infrastructure Pvt (GST AAR Karnataka) We find that the applicant filed the instant application for ROM in the order No.17/2019 dated 25.07.2019, without bringing anything on record to negate the findings in the said order that the possession of land owner’s share of flats was not handed over to the […]

ITC restriction against diagnostic or investigative services

September 7, 2020 6756 Views 0 comment Print

In re Siddalingappa Palalochana Rakshit (Bangalore Medical System) (GST AAR Karnataka) In the instant case the applicant established a medical diagnostic laboratory to carry out diagnostic or investigative services of diseases. Thus the applicant qualifies to be a clinical establishment. It is clear, from the foregoing, that the services provided by the applicant are covered […]

AAR application dismissed as investigation was already initiated

September 2, 2020 993 Views 0 comment Print

In re Tirumala Milk Products Pvt. Ltd. (GST AAR Karnataka) In the instant case, the Deputy Commissioner, Office of the Principal Commissioner of Central Tax, Bangalore East Commissionerate, Bangalore have reported vide their letter dated 18.08.2020 that the Directorate of GST Intelligence, Bangalore Zonal Unit have initiated the investigation against the applicant, with regard to […]

GST payable on leasing of property in the nature of hotel, inn, guest house

August 31, 2020 6960 Views 0 comment Print

We find that the Appellant has constructed the building with the intention of providing hostel accommodation which is more akin to sociable accommodation rather than what is commonly understood as residential accommodation. Therefore, we conclude that the impugned property cannot be termed as residential dwelling. Once the impugned property is not a residential dwelling, the exemption under Sl.No 13 of Notification No 09/2017 IT (Rate) dt 28.06.2017 will not apply to the renting/leasing of such property.

GST on Security Excise Adhesive Labels

August 18, 2020 5169 Views 0 comment Print

In re Marketing Communication & Advertising Ltd. (GST AAR Karnatka) The applicant have sought advance ruling  in relation to supply by applicant to various distilleries and sought ruling on correct classification of Security Excise Adhesive Labels i.e., HSN Code applicable and The rate of tax applicable on supply of Security Excise Adhesive Labels. We observe […]

AAR allows S.K. Properties to withdraw advance Ruling application

August 10, 2020 1110 Views 0 comment Print

In re M/s S.K. Properties (GST AAR Karnataka) 1. The applicant sought Applicability of GST on Land owners share of constructed residetail flats, since Joint development agreement entered between Land owner and Builder entered before the commencement of construction of the building and Constructed residential flats handed over before completion. 2. If GST Applicable on […]

GST on Railway Parts supplied for supply to Railway

July 30, 2020 11328 Views 0 comment Print

In re Prragathi Steel Castings Pvt. Ltd. (GST AAR Karnataka) Railway parts such as Couplers, Knuckle, Locks, Toggle, Yoke etc., manufactured and supplied by applicant to buyer Sanrok Enterprises (who in turn supply to Indian Railways after assembly) be classified under HSN 8607 or to be classified under HSN 7325 as other cast articles of […]

AAR Karnataka allows Kothiwale Tobacco to withdraw application

July 30, 2020 909 Views 0 comment Print

In re Kothiwale Tobacco Trading Company (GST AAR Karnataka) 1. M/s Kothiwale Tobacco Trading Company, # 1097, Kothiwale Building, Guruwar Peth, Nipani, Belagavi-591237, Karnataka, having GSTIN number 29AABFK8679G1ZS, have filed an application for Advance Ruling under Section 97 of CGST Act,2017 86 KGST Act, 2017 read with Rule 104 of CGST Rules 2017 86 KGST […]

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