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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 Payable on transfer of business if transfer is not as going concern

April 22, 2022 17064 Views 0 comment Print

In re Cosmic Ferro Alloys Limited (GST AAR West Bengal) Questions Raised Whether transfer of an unit by the applicant with all the assets including taking over all the liabilities by the purchaser for a lump sum consideration would amount as supply of goods or supply of services and whether the transaction would be covered […]

GST on dismantling & installation of sleepers for Railways

April 7, 2022 3129 Views 0 comment Print

In re Utkarsh India Limited (GST AAR West Bengal) Question: Whether dismantling of existing sleeper fixing and/or installation of new (H-Bean Steel sleepers) is amounting to execution of original work and would attract IGST @12% in terms of Notification No. 20/2017-Integrated Tax (Rate) dated 22.08.2017? Answer: The instant supply is found to be a composite supply of […]

AAR cannot give ruling on issue already decided by any Authority

March 29, 2022 612 Views 0 comment Print

In re Vinit Gloves Manufacturing Pvt. Ltd. (GST AAR West Bengal) In addition to the fact that the applicant has not made the application in FORM GST ARA-01 on the common portal, the first proviso to sub-section (2) of section 98 of the GST Act speaks that the Authority shall not admit the application where […]

Applicant cannot be treated as fair price shop if not supplying to ration card holders: AAR

March 29, 2022 4659 Views 0 comment Print

In re Provat Kumar Kundu (GST AAR West Bengal) We now proceed to decide whether an agent can be regarded as a fair price shop or not. It appears that a fair price shop is licensed to sell public distribution commodities against ration documents (refer: Para 2.13) i.e., a fair price shop supplies S. K. […]

AAR explains meaning of Fair Price Shop

March 29, 2022 2748 Views 0 comment Print

In re Nathmull Bhagchand Jain (GST AAR West Bengal) We find that in exercise of the power conferred by Section 3 of the Essential Commodities Act 1955, the Government of West Bengal issued the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 on 8th August 2013. The said order defines fair price shops […]

AAR reject application as question raised in the application was pending

March 29, 2022 678 Views 0 comment Print

Aakash Food Products Private Limited (GST AAR West Bengal) 1.1 At the outset, we would like to make it clear that the provisions of the Central Goods and Services Tax Act, 2017 (the CGST Act, for short) and the West Bengal Goods and Services Tax Act, 2017 (the WBGST Act, for short) have the same […]

GST on services to State Government for collection & disposal of bio-medical waste

March 29, 2022 6117 Views 0 comment Print

In re SNG Envirosolutions Pvt. Ltd.  (GST AAR West Bengal) Whether services for collection and disposal of bio-medical waste from various clinical establishments provided by the applicant shall be exempted vide serial number 3 of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017? Supplies provided by the applicant to State Government for collection and disposal of […]

Advance ruling cannot sought by applicant in relation to supply being received by him

February 28, 2022 2208 Views 0 comment Print

In re Cosmic CRF Limited (GST AAR West Bengal) In terms of clause (a) of section 95 of the GST Act, an advance ruling means a decision provided by this Authority or the Appellate Authority, as the case may be, on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) […]

AAR West Bengal allows Withdrawal of application for advance ruling

December 31, 2021 1104 Views 1 comment Print

In re Dwarka Prosad Agarwala (GST AAR West Bengal) 1.1 At the outset, we would like to make it clear that the provisions of the Central Goods and Services Tax Act, 2017 (the CGST Act, for short) and the West Bengal Goods and Services Tax Act, 2017 (the WBGST Act, for short) have the same […]

GST on milling of food grains into flour for Food & Supplies Department, Govt. of West Bengal

December 31, 2021 2721 Views 0 comment Print

In the instant case, value of supply shall be the consideration in money and shall also include all the components towards non-cash consideration, as discussed. This composite supply of services by way of milling of food grains into flour (atta) to Food & Supplies Department, Govt. of West Bengal for distribution of such flour under Public Distribution System is eligible for exemption under entry serial no. 3A of the notification No. 12/2017- CT (R) dated 28.06.2017 only when the value of goods involved in such composite supply does not exceed 25% of the value of supply.

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