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AAR Karnataka

No GST exemption on leasing of immovable property in the nature of hotel, inn, guest house

March 23, 2020 3603 Views 0 comment Print

The contract of the applicant group with the Company is verified and found that what is given is an immovable property consisting of only rooms with attache toilets as per the Layout of the leased premises annexed to the Lease agreement and does not fit into the meaning of a dwelling which means a house.

No exclusion of Govt subsidy granted to farmer from transaction value

March 23, 2020 5550 Views 0 comment Print

The amount of assistance received by the farmer or on account of the farmer from the Government Department has no bearing on the price and hence on the value of supply made by the applicant to the farmer and is not covered under section 15(2)(e) of the CGST Act, 2017.

GST on second hand gold jewellery purchased from individuals (Non dealers)

March 23, 2020 40986 Views 0 comment Print

In re Attica Gold Pvt. Limited (GST AAR Karnataka) a) Whether applicant dealing in second hand goods and tax is to be paid on the difference between the selling price and purchase price as stipulated in Rule 32(5) of CGST Rules, 2017 if dealer purchases used / second hand gold jewellery from individuals who are […]

GST on letting out residential dwelling -AAR Application withdrawn

March 23, 2020 1260 Views 0 comment Print

In re C. Ramappa (GST AAR Karnataka) Whether letting out the residential dwelling to a firm results in supply of service? An opportunity of hearing was given to the applicant on 03.2020 and Sri Rajesh Kumar T R, Chartered Accountant & duly authorised representative of the applicant appeared for the said hearing & reiterated the […]

Contributions for DMF & NMET was directly linked to royalty & amounts to Supply

March 23, 2020 6912 Views 0 comment Print

In re NMDC Limited (GST AAR Karnataka) The applicant filed the instant application, for rectification of ruling, alleging that the authority has not ruled in the order as to whether the contributions towards DMF & NMET amount to supply in terms of Section 7 of the CGST Act 2017 or not and also the authority […]

Advance ruling Rectification request liable for rejection if no apparent error or mistake

March 23, 2020 906 Views 0 comment Print

In re NMDC Limited (GST AAR Karnataka) It is clearly evident from the aforesaid AAR Order that the authority has considered all the submissions and issued the proper order. Hence there is no error / apparent mistake on the face of the record, in the said order and hence the instant application is not valid […]

Depositing timber with GTD for disposal amounts to supply: AAAR

March 19, 2020 1470 Views 0 comment Print

In re Tata Coffee Limited (GST AAAR Karnataka) Wooden supply to Government Auction Department is supply as agent In this case the Depots are set up by the State Government in terms of Section 104-A(5) of the Karnataka Forest Act for the purchase and sale of timber since the Act mandates that timber can only […]

GST on imported goods supplied directly from port of import to customer

March 18, 2020 15738 Views 1 comment Print

The place of supply in case of import of goods, is the location of the importer in terms of section 11(a) of the IGST Act 2017 and in the case of applicant the location of the importer is the state of Karnataka where the applicant has obtain the GST registration. Therefore, the applicant though import the goods to the port nearest to the location of the receipient, said imported goods are deemed to have been supplied to the location of the importer

GST payable on supply of purified water to public in empty unsealed cans

March 18, 2020 23826 Views 0 comment Print

In re Water Health India Private Limited (GST AAR Karnataka) Whether supply of purified water to public in empty unsealed cans is exempt under GST law? Supply of purified water whether in sealed container or unsealed container not entitled for GST exemption as the purified water excluded from the Sl. No. 99 of notification No. […]

GST on Issuance of NOC to private persons, for change of name

March 18, 2020 5067 Views 0 comment Print

In re Department Of Printing, Stationery and Publications (GST AAR Karnataka) Issuance of No Objection Certificate (NOC) to private persons, for change of name This category covers the questions bearing number 23, 24 & 25, which deals with issuance of No Objection Certificate (NOC) to private persons, for change of name. Private individual who intended […]

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