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AAR Karnataka

GST on Filters manufactured solely for use by Indian Railways

January 10, 2020 1695 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 849 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 6150 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GST on ‘Reagents’ used for laboratory testing of water samples- AAR application withdrawn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 2547 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 14103 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 3888 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 837 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 19341 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 4596 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 1614 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.

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