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AAR West Bangal

Decisions on Goods and Services Tax (GST) Delivered by Authority Of Advance Ruling (AAR), West Bengal, Kolkata

GST on aerobic micro organism/protein derived thereof used in cementitious / concrete application

May 28, 2021 1596 Views 0 comment Print

In re Synthetic Moulders Limited (GST AAR West Bengal) Classification and rate of tax on aerobic micro organism/protein derived thereof used in cementitious / concrete application The product, viz. aerobic micro organism/protein derived thereof used as a biological agent to reduce the requirement of cement in all cementitious/concrete application as manufactured and to be supplied by […]

Damodar Valley Corporation is ‘Government Entity’ for GST: AAR

May 3, 2021 1749 Views 0 comment Print

In re Damodar Valley Corporation (GST AAR West Bengal) Whether ‘Damodar Valley Corporation’ is covered under the definition of the term ‘Government Entity’ Damodar Valley Corporation shall be covered under the definition of ‘Government Entity’ in terms of Notification No. 11/2017-Central Tax (Rate), dated the 28th June, 2017 [as amended by Notification No. 31/2017-Central Tax […]

GST on Supply of catering services to educational institution

March 22, 2021 18456 Views 0 comment Print

In re Manoj Mittal (GST AAR West Bengal) Whether supply of food and beverages made by the applicant shall be treated as supply of goods or supply of services and whether supply of catering services to an educational institution is exempt supply? (i) Supply of food and beverages from the sweetmeats counter by the applicant, […]

Non -Supplier of Service cannot ask for Advance ruling

February 5, 2021 507 Views 0 comment Print

In re Shasank Sekhar Jalan (GST AAR West Bengal ) The question is related to the supply of maintenance service by the RWA. The applicant is not supplying the maintenance service at the residential units in ‘Sanjeeva Town’. This Authority cannot, therefore, provide a decision to the applicant in the form of an advance ruling. FULL […]

Wular Conservation & Management Authority is a Governmental Authority

February 5, 2021 1872 Views 0 comment Print

In re RDL-ZYCHL-JV (GST AAR West Bengal) It appears from Notification No. 311 dated 25/09/2012 of the Forest Department of State Government (now a Union Territory) that the recipient is constituted as an authority under section 3 (1) of the Jammu and Kashmir Development Act, 1970 for preservation and conservation of Wular Lake. The Board […]

ITC eligible on works contract service to Municipal Corporation

January 11, 2021 1941 Views 0 comment Print

In re Sital Kumar Poddar (GST AAR West Bengal) The applicant is eligible to claim the input tax credit on the inward supplies of the goods and services used for supplying the works contract service to Kolkata Municipal Corporation (KMC) for construction of an immovable property. This ruling is valid subject to the provisions under […]

GST on fabrication of steel structures when material except paint is supplied by recipient

December 4, 2020 29973 Views 0 comment Print

Vrinda Engineers Private Limited (GST AAR West Bangal) Whether fabrication of steel structures is job work when the materials except paint are supplied by the recipient? The applicant supplies a mixed supply constituting of the job work of fabrication of steel structures and the works contract of applying paint to the erected steel structures. It […]

AAR cannot explain Document required for supply to SEZ units

November 13, 2020 624 Views 0 comment Print

In re Garuda Power Pvt Ltd (GST AAR West bengal) What document is required for the supply of goods or services to SEZ units? An Advance ruling can be sought on the issues specified in section 97(2) of the GST Act. The issue raised above does not fall within the ambit of any of the […]

GST on conservancy service to Defence establishments

November 13, 2020 13371 Views 0 comment Print

In re Lokenath Builders (GST AAR West Bengal) The applicant‟s supply to Bagrakot Military Station and Sukna Military Station, as described in para 3.5, is exempt from the payment of GST under Sl No. 3 of Notification No. 12/2017 – Central Tax (Rate) dated 28/06/2017 (corresponding State Notification No. 1136 – FT dated 28/06/2017), as […]

Milk with turmeric extracts is classifiable under HSN 0401

October 12, 2020 2739 Views 0 comment Print

Milk fortified with vitamins A and D is classifiable under HSN 0401. The above Explanatory Note further explains that such milk remains classified under HSN 0401 even if a small quantity of items containing anti-oxidant properties are added. The applicant’s product, therefore, remains classifiable under HSN 0401 even after a small quantity of curcuminoids, having ant-oxidant properties, are added, provided the Analysis Report referred to in para 2.1 is accurate. It follows that the product is exempt under Entry No. 25 of the Exemption Notification.

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