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AAR Karnataka

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

September 30, 2019 20049 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 5070 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 1266 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 3831 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.

EPC contract to set-up solar power plant till 31.12.2018 is works contract: AAR Karnataka

September 30, 2019 4311 Views 0 comment Print

Whether in case of separate contracts for supply of goods and services for a solar power plant, there would be separate taxability of goods as ‘Solar Power Generating System’ at 5% and services at 18%.

Services provided to KRIDL being a Government Entity exempt from GST

September 27, 2019 4071 Views 1 comment Print

M/s KRIDL is established by the Government of Karnataka and the State Government has full control over the organisation and hence the KRIDL is a Government Entity and hence the second condition is also satisfied. Hence the services provided by the applicant to KRIDL are covered under the entry no.3 of Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017 w.e.f 25.01.2018.

12% GST on supply of printed, centre pinned and hand numbered answer booklet to KSEEB

September 27, 2019 4764 Views 0 comment Print

In re Datacon Technologies (GST AAR Karnataka) The supply of printed, centre pinned and hand numbered answer booklet to the Karnataka State Secondary Education Board (KSEEB) constitutes supply of goods falling under the Heading 4802 of entry 112 of the Schedule 11 to the Notification 01/2017 central tax (Rate) dated 28/06/2017 and taxable at 6% […]

Depositing timber with Govt. Timber depot for disposal amounts to supply

September 27, 2019 3897 Views 1 comment Print

In re Tata Coffee Limited (GST AAR Karnataka) a) Whether the legally binding and prescribed activity of depositing the timber / wood by the applicant with the Government Timber Depot for disposal as per the provision of Section 104 of the Karnataka Forest Act will constitute a ‘supply’ and therefore subject to payment of GST […]

A Registered GTA can also hire vehicles to another GTA

September 27, 2019 6966 Views 0 comment Print

In re Saravana Perumal (GST AAR Karnataka) The applicant is a registered GTA, as per the Notification No.12/2017 – Central Tax (Rate) dated 28.06.2017. Can applicant hire vehicles to another GTA? The registered person can be a Goods Transport Agency and also a supplier of goods vehicles to another GTA on hire basis at the […]

IGST under RCM on ocean freight in case of CIF basis contract

September 27, 2019 6153 Views 0 comment Print

M/s M. K. Agro Tech Pvt. Ltd. (GST AAR Karnataka) Whether under Reverse Charge Mechanism, IGST should be paid by the importer on ocean freight on the case of CIF basis contract? In the instant case, the importer in India is liable to pay the tax under RCM as they are deemed to be the […]

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