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AAR Karnataka

ITC not available on works contract services supplied for construction of immovable property (other than plant and machinery)

September 30, 2019 29004 Views 0 comment Print

In re Embassy Industrial Park Private Limited (GST AAR Karnataka) Whether input GST credit can be availed by the applicant on the inputs i.e. Electrical Works, Pumps, Pumping systems and tanks, Lighting system, Physical security system and Fire System? The applicant has admitted that the works of electrical, structural, lighting, physical security and fire-fighting works […]

EPC contract for construction of Solar Power Plant is ‘works contract’ of ‘composite supply’

September 30, 2019 7893 Views 2 comments Print

In re Brightstone Developers Private Limited (GST AAR Karnataka) a) Whether the supply of turn-key Engineering, Procurement & Construction (EPC) Contract for construction of solar power plant wherein both goods and services are supplied can be construed to be a composite supply in terms of Section 2(30) of CGST Act, 2017? The supply of turnkey […]

GST Applicable on man power services provided to Karnataka Rural Road Development Agency

September 30, 2019 2118 Views 0 comment Print

In re M/s Wisdom Security Services (GST AAR Karnataka) Is GST Applicable on man power services provided to Karnataka Rural Road Development Agency? The activity of providing manpower services like Data Entry Operators, Field Engineers, Diploma Field Engineers, Senior Software Professionals, Software Engineers for IT Cell, Graduate Assistant, Office Assistant, Peon and Watchman to Karnataka […]

ITC under GST available on detachable wooden flooring

September 30, 2019 16671 Views 0 comment Print

The input tax credit of GST can be availed by the applicant on the detachable 14 mm Engineered wood with Oak top wooden flooring which is movable in nature and capitalized as furniture and The input tax credit of GST is not available on the detachable sliding and stacking glass partitions.

GST on Diagnostic services provided to Hospitals & other establishments

September 30, 2019 15534 Views 0 comment Print

In re Matrix Imaging Solutions India Private Limited (GST AAR Karnataka)  The diagnostic services provided by the applicant to Hospitals and other establishments are covered under entry no. 74 of the Notification No.12/2017- Central Tax (Rate) dated 28.06.2017 and hence are exempted from CGST. Similarly, the services are also exempted under the Karnataka Goods and […]

GST on supply of construction service to land owner in lieu of transfer of development rights

September 30, 2019 10674 Views 0 comment Print

In re M/s Teamview Developers LLP (GST AAR Karnataka) 1. The tax rate applicable on the supply of construction service to the land owner in lieu of transfer of development rights to the promoters portion is liable to tax at 9% under CGST and 9% KGST under entry no. 3(xii) of the Notification No.11/2017 — […]

No ITC on goods or services involved in construction of immovable property

September 30, 2019 18936 Views 1 comment Print

In re Tarun Realtors Private Limited (GST AAR Karnataka) The provision of facilities like transformers, sewage treatment plant, Electrical Wiring and Fixtures, Surveillance systems, D.G. Sets, Lifts, Air Handling Units etc. are sine-qua-non for a commercial mall and hence cannot he considered separate from the building or civil structure. The provision of these are either […]

Trust to pay GST on renting of temporary residential rooms for consideration to devotees

September 30, 2019 4668 Views 0 comment Print

The applicant is liable to pay tax in renting of temporary residential rooms for consideration to the devotees and renting of space for shops and stalls.

CGST Act not empowers Authority to give Ruling on Place of Supply of Goods or Services

September 30, 2019 1128 Views 0 comment Print

In order to decide whether the said services amount to export or not, place of supply of service need to be determined. Section 97(2) of the CGST Act, 2017 empowers the Authority to give a Ruling on time and value of Supply. However it does not empower the Authority to examine the place of supply. In the absence of this provision the Authority is not empowered to answer whether the activity undertaken by the applicant amounts to export or not.

Setting up of data centres involving transfer of property in goods is Works Contract

September 30, 2019 3456 Views 0 comment Print

Applicant has entered into a contract for carrying out the various listed activities leading to erection, fitting out, renovation and commissioning of data centres. The contract also involves transfer of property in goods. It is therefore opined that the proposed activities of the applicant are covered under the definition of Works Contract.

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