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AAR Karnataka

ITC under GST available on detachable wooden flooring

September 30, 2019 17730 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 16725 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 11358 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 20247 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 5148 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 1308 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 3888 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 4368 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 4215 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 4797 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% […]

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