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AAR Kerala

Industrial gases produced out of major materials supplied is Job Work

October 20, 2018 1092 Views 0 comment Print

The industrial gases are produced out of the major materials or inputs supplied by the applicant. The job worker uses some minor, ancillary goods to complete the process. The application of minor items by the job worker would not detract it being a job work. Therefore the processing undertaken by M/s. Prodair Air Products on the goods belong to the applicant, another registered person qualifies as job work even if it amounts to manufacture.

No GST on medicines, consumables etc provided during treatment

October 20, 2018 5595 Views 0 comment Print

In re M/s. KIMS Health Care Management Ltd (GST AAR Kerala) The supply of medicines, consumables and implants used in the course of providing health care services for diagnosis or treatment is exempted under the category ‘Health Care Services’. (GST AAR Kerala) The supply of medicines, consumables and implants used in the course of providing […]

No GST on Quit / lease rent to Kerala Govt for land used for agriculture

October 20, 2018 1674 Views 0 comment Print

In re M/s. The Cochin Plantations Ltd (GST AAR Kerala) As per Notification No.12/2017-CT (Rate)  Government has exempted intra-state supply of services covered under Heading 9986. As per this notification services relating to cultivation of plants or agricultural produce by way of ‘vacant land with or without a structure incidental to its use’ is exempted […]

GST on Classic Malabar Parota and Whole Wheat Malabar Parota

October 12, 2018 4533 Views 0 comment Print

In re M/s. Modern Food Enterprises Pvt Ltd (GST AAR Kerala) i) ‘Classic Malabar Parota’ and ‘Whole Wheat Malabar Parota’ classified under Schedule III of GST Laws, vide Heading 2106 ‘Food preparations not elsewhere specified or included’ and is taxable @18% GST. ii) Eligibility of exemption from GST vide Notification No.2/2017 – Central Tax / […]

GST on medicines, consumables & implants used in providing health care services

October 6, 2018 4056 Views 0 comment Print

In re Ms. Rajagiri Health Care & Education Trust(GST AAR KERALA) Government of India vice Circular No.27/01/2018-GST Dt.04-01-2018 has clarified that room rent in hospital is exempted. As for as inpatients are concerned, room facility in a hospital is one limb of bundled service of health care. The clarifications issued based on the approval of 25th […]

Absorbing developmental charges in fixing land cost is lawful: GST AAR Kerala

September 26, 2018 3333 Views 0 comment Print

i) Is it correct to structure agreement by fixing the land cost by absorbing the development charges? ii) Whether the ITC availed has to be paid back on pro rata basis, on plots sold after completion?

AAR cannot give ruling on GST refund & Registration issues due to GSTN portal

September 26, 2018 6852 Views 0 comment Print

In re Mr. Sutapa Sutradhar (GST AAR Kerala) Issues relating to refund of tax paid and failure to complete registration due to GSTN portal problems is not a matter coming under the purview of Advance Ruling. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, KERALA The applicant was a casual taxable person doing business […]

Transfer of right to use of any goods for any purpose is liable to GST

September 26, 2018 12273 Views 0 comment Print

In re M/s. Abbott Healthcare Pvt. Ltd. (GST AAR Kerala) The placement of specified medical instruments to unrelated customers like hospitals, labs etc, for their use without any consideration, against an agreement containing minimum purchase obligation of products like reagents, calibrators, disposals etc for a specific period constitute composite supply. The principal supply is the […]

Supply of works contracts awarded by Govt attracts 12% GST: AAR

September 26, 2018 27198 Views 2 comments Print

i) Supply of works contracts awarded by Government attracts 12% GST. ii) Supply of works contracts awarded by the Central University of Kerala attracts 12% GST. and iii) Supply of work awarded by M/s. HLL Infra Tech Services Ltd. for the construction of Biotech lab and administrative block at Life Science Park, Trivandrum attracts 18% GST.

GST Input tax paid on purchase of goods used for demonstration purpose

September 26, 2018 5811 Views 0 comment Print

Input tax paid on purchase of goods used for demonstration purpose to customer can be availed as input tax credit on capital goods and set off against output tax payable under GST

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