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AAR Karnataka

Power of GST Appellate Authority to condone delay in filing appeal

December 24, 2019 13758 Views 0 comment Print

It is evident that this Appellate Authority being a creature of the statue is empowered to condone a delay of only a period of 30 days after the expiry of the initial period for filing appeal. As far as the language of Section 100 of the CGST Act is concerned, the crucial words are “not exceeding thirty days” used in the proviso to sub-section (2).

Pooja oil classifiable under Chapter sub-heading 1518 00 40: AAAR

December 24, 2019 3321 Views 0 comment Print

In re S.K. Aagrotechh (GST AAAR Karnataka) Having concluded that Pooja Oil is classifiable under sub-heading 1518 00 40 of the Customs Tariff as inedible mixtures or preparations of vegetable fats or oils or of fractions of different fats or oils of this Chapter, not elsewhere specified or included, let us now determine the GST […]

Nicotine Polacrilex Lozenge falls under Chapter Heading 38.24: AAAR Karnataka

December 3, 2019 591 Views 0 comment Print

In re Strides Emerging Markets Ltd (GST AAAR Karnataka) The active ingredient in ‘Nicotine Polacrilex Lozenge’ is Nicotine which is a natural alkaloid. Nicotine is bound to an ion-exchange resin (polymethacrilic acid) and administered in the form of tablets, chewing gum, lozenge or patches The chemical formulation of the nicotine bound to the resin polacrilexis […]

GST payable on development of land into residential layout and sale as per JDA

September 30, 2019 18549 Views 4 comments Print

In re Maarq Spaces Private Limited (GST AAR Karnataka) 1. Whether the activity of development and sale of land attract tax under GST?  In the instant case what the applicant receives as their remuneration for the provision of the services of development of the land and their subsequent activities related to the sale of the […]

GST on machines given to customers under RRC/PRC models

September 30, 2019 3630 Views 0 comment Print

Whether the applicant is liable to pay GST on the machines given to the customers under RRC/PRC models? The applicant is liable to pay GST on the machines / equipments given to the customers under the PRC Model but is not liable to pay GST on the machines / equipments given to the Customers under the RRC model.

AAR cannot decide application if same issue in the case of applicant already decided by other AAR

September 30, 2019 1203 Views 1 comment Print

In the instant case the applicant had already filed an application, on 27.11.2017, for advance ruling before the Gujarat Authority for Advance Ruling in respect of the same question i.e. classification of the product ‘Fanta Fruity Orange’ that has also been raised in the instant application.

GST on activity of collecting exam fee on behalf of any university or institution without any value addition

September 30, 2019 4929 Views 1 comment Print

In re M/s Arivu Educational Consultants Pvt. Ltd. (GST AAR Karnataka) Does the activity of collecting exam fee (charged by any university or institution) from the students and remitting to that particular university or Institution without any value addition to it, amount to taxable service? The activity of collecting exam fee (charged by any university […]

Packaged food products are goods hence not classifiable HSN Code of Services

September 30, 2019 6666 Views 0 comment Print

In re Mountain Trail Foods Private Limited (GST AAR Karnataka) a) Applicability of rate of GST on the packed food products The sale of packed items like packaged food products which cannot be consumed as is basis and that needs further cooking operations and other packaged food products which are not processed by the applicant […]

Bus passes distributed to commuters & facilitation charges includable in value of service

September 30, 2019 1512 Views 0 comment Print

In re M/s Ascendas Services (India) Private Limited (GST AAR Karnataka) a) Whether the value of bus passes distributed by the applicant to the commuters is to be included in the value of facilitation charges as per section 15(2) of the CGST Act, 2017 and KGST Act, 2017?  The Value of the bus passes distributed […]

Air handling units & Air Ventilators are classifiable under HSN 84145910

September 30, 2019 11448 Views 0 comment Print

The Air handling units which are supplied by the applicant is classified under HSN 8415 90 00 and  The Air Ventilators which are supplied by the applicant is classified under HSN 8414 59 10.

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