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AAR Karnataka

No GST exemption to RWA if per member monthly contribution exceeds Rs. 7500

January 21, 2020 3309 Views 0 comment Print

In re Vaishnavi Splendour Homeowners Welfare Association (GST AAAR Karnataka) The contention of the Appellant is that contributions upto an amount of Rs 7500/- per member per month are exempted from GST by virtue of the above entry and for contributions above Rs 7500/- per member per month, the difference amount alone is liable to […]

Pre-sales marketing service by Indian Subsidiary to foreign parent is intermediary services: AAAR

January 20, 2020 2787 Views 0 comment Print

In re Infinera India Pvt. Ltd. (GST AAAR Karnataka) Although the Pre-sales and Marketing Agreement in this Appellant’s case does mention that they are independent contractors and are not to act as an agent of Infinera US in any manner, we find that the actual activity performed by the Appellant as outlined in the BAPA […]

12% IGST payable on import of Pharmaceutical Reference Standards

January 14, 2020 2172 Views 0 comment Print

The Pharmaceutical Reference Standards (Prepared Laboratory Reagents) imported and supplied by the Appellant and classified under Tariff Item 3822 00 90 of the Customs Tariff Act, 1975 is covered under Entry No. 80 of Schedule-II to Notification No. 1/2017-Integrated Tax (Rate) dated 28th June 2017 attracting a levy of Integrated Tax at the rate of 12%.

GST on Filters manufactured solely for use by Indian Railways

January 10, 2020 1284 Views 0 comment Print

Filters manufactured by the Appellant solely and principally for use by the Indian Railways and supplied directly to the Indian Railways are classifiable under Chapter Heading 84.21 of the Customs Tariff. The classification of the subject goods will not change if the same are supplied to a distributor instead of Indian Railways and the distributor in turn affects the supply to the Indian Railways.

GST AAR cannot be filed by recipient of Services or Goods or Both

January 9, 2020 708 Views 0 comment Print

In the instant case the questions, on which the applicant seeks advance ruling, are not in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the said applicant, but in relation to the service/ s being received by them. Therefore the instant application is beyond the jurisdiction of this authority and hence is liable for rejection.

Fabrication of body building on Tippers, Trailers classifiable under SAC 998881

January 7, 2020 5502 Views 0 comment Print

The activity of fabrication of body building on Tippers, Trailers etc., merits classification under SAC 998881, under ‘Motor vehicle and trailer manufacturing services’, in terms of Sl.No. 535 of Annexure to Notification No. 11/ 2017-Central Tax (Rate) dated 28.06.2017.

GST on ‘Reagents’ used for laboratory testing of water samples- AAR application withdrawn

January 7, 2020 2340 Views 0 comment Print

In re HACH DHR India Pvt. Ltd. (GST AAR Karnataka) Whether the applicants are correct in contending that the ‘Reagents’ used by the applicant for laboratory testing of water samples should be classified under Sl. No.80 of the IGST schedule-II at 12% under IGST Notification No.1/2017-Integrated Tax (Rate) dated 28.06.2017? But the Applicant requested to […]

Power of GST Appellate Authority to condone delay in filing appeal

December 24, 2019 13872 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 3414 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 627 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 […]

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