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AAR Kerala

Courses conducted by IIIC are eligible for exemption from GST

May 31, 2021 810 Views 0 comment Print

In re Uralungal Labour Contract Co-operative Society Ltd (GST AAR Kerala) In view of the Notification No. 12/2017-Central Tax (Rate) dated 28-06-2017, we would like to get clarified as to whether the educational courses which are conducted in Indian Institute of Infrastructure and Construction (IIIC) fall under the taxable service or not? The Indian Institute […]

Printing of text books, Lottery tickets & stationery items for State Govt is Supply under GST

May 31, 2021 5568 Views 0 comment Print

In re Kerala Books and Publications Society (GST AAR Kerala) a. Whether our activity falls within the ambit of scope of ‘supply’ under GST?- (i) printing text books for supply by the State Government to its allied educational institutions. (ii) printing of Lottery tickets for vending by the State Government to the general public. (iii) […]

AAR cannot decide whether applicant can raise debit note for difference in rate of tax charged

May 31, 2021 903 Views 0 comment Print

In re The Travancore Mats & Matting Co. (GST AAR Kerala) The first question raised by the applicant is whether a debit note can be issued by the applicant for the difference of the rate of tax charged in the tax invoice as specified under section 34(3) of the CGST Act. The second question raised is […]

GST on discount received through credit notes – No ruling in absence of sufficient information

May 31, 2021 2901 Views 0 comment Print

In re Shri Kottoor Mathew Jose Mathew, Jose Mathew and Co. (GST AAR Kerala) 1. Is there any further tax liability to the applicant on the discount received through credit notes issued by M/s. Hindustan Unilever Ltd., (First Supplier)? The provisions governing the value of taxable supply are contained in Section 15 of the CGST […]

12% GST Payable on Banana/Jackfruits/Tapioca/Sarkaraupperi Chips

May 31, 2021 10938 Views 0 comment Print

In re Aswath Manoharan (GST AAR Kerala) Banana chips is liable to GST at the rate of 12%. Jackfruits chips are liable to GST at the rate of 12%. Tapioca chips are liable to GST at the rate of 12%. Sarkaraupperi chips are liable to GST at the rate of 12%. 1. What is the […]

Relevant date for GST refund in case of cancellation of residential flats by any customer

May 30, 2021 1848 Views 0 comment Print

In the event of cancellation of residential flats by any customer, whether the relevant date for application of refund of taxes already paid on advances is to be reckoned from date of payment voucher giving back the refund to the customer or is to be reckoned from the date of filing GSTR-3B for the month in which the tax on advances received were paid. The relevant date for filing of refund application in the above situation is the date of payment of tax as prescribed in clause (h) of Explanation 2 of Section 54 of the CGST Act, 2017.

GST on supply of medicine, implants during treatment to admitted & Non-admitted patients

May 30, 2021 4536 Views 0 comment Print

In re Malankara Orthodox Syrian Church Medical Mission Hospital (GST AAR Kerala) Whether GST is leviable on the value of supply of medicine, implants and other supplies issued to our patients during the course of treatment: 1. Who are admitted as inpatients in the following situations? 1.1. In the case where a package is offered […]

GST on Sale of developed plots without receiving any advance from customers

May 28, 2021 13116 Views 0 comment Print

In re Dharmic Living Private Limited (GST AAR Kerala) Sale of developed plots without receiving any advance from their customers for undertaking development activities is neither a supply of goods nor a supply of service The Kerala Authority of Advance Ruling (Kerala, AAR) in the matter of M/s Dharmic Living Private Limited [Advance Ruling No. […]

18% GST applicable if Builder not exercised option of lower rate

May 28, 2021 2799 Views 0 comment Print

In re Victoria Realtors (GST AAR Kerala) 1. Whether the new tax rate of 7.5% (effective rate of 5% after excluding land portion), with no ITC, is applicable to the 11 unbooked units in the said VRINDHAVAN project? No. Since the applicant has exercised option for paying tax at the rate as specified in Item […]

Roasted/salted/roasted & salted Cashew nuts classifiable under HSN 2008.19.10

May 26, 2021 2478 Views 0 comment Print

Whether roasted and salted / salted / roasted preparations such as of Ground nuts, Cashew nut and other seeds are NAMKEENS and when sold without a brand name can they be classified under HSN 2106.90.99 and taxed under Entry 101A of Schedule 1 of Central Tax (Rate) Notification 1/2017?

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