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AAR West Bangal

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

Whether co-owners of a jointly held property are liable to pay tax as AOP

October 21, 2019 7413 Views 0 comment Print

In re Sri Rabi Sankar Tah (GST AAR West Bengal) Whether co-owners of a jointly held property are liable to pay tax as an association of persons (AOP)? The Applicant and the other two co-owners cannot be treated as an association of persons and, therefore, as a person defined under section 2(84)(f) of the GST […]

Services offered to buyer of a flat in a housing complex is composite supply?

September 25, 2019 2766 Views 0 comment Print

In re Assistant Commissioner, State Tax, Park Street Charge, Kolkata (GST AAAR West Bengal) Providing service of construction of a dwelling unit in a residential complex, bundled with services relating to the preferential location of the unit and right to use car parking space and common areas and facilities constitutes a composite supply with construction […]

GST on service to Govt related to road construction & irrigation

September 23, 2019 7773 Views 0 comment Print

In re Sumitabha Ray (GST AAR West Bengal) Whether service to Govt relating road construction and irrigation is exempt supply? The Applicant is providing pure service to the State Governments in relation to the projects described in para nos. 3.10 and 3.12 above. The projects involve functions entrusted to a Panchayat or a Municipality under […]

Standalone service of arranging accommodation in a hotel- ITC & Classification

September 23, 2019 8637 Views 0 comment Print

In re Golden Vacations Tours and Travels (GST AAR West Bangel) What is the classification of the standalone service of arranging accommodation in a hotel and is input tax credit admissible? The Applicant is admittedly a tour operator. But the question on which the advance ruling is sought is whether it should continue to be […]

GST on composite goods used primarily as parts of railway locomotives

September 23, 2019 1455 Views 0 comment Print

In re Kay Pee Equipments Pvt Ltd. (GST AAR West Bengal) The composite goods manufactured by the Applicant that are used primarily as parts of railway locomotives are to be classified under heading 8607 and taxable @ 5% GST with no refund of the unutilized input tax credit. The same classification will apply to the […]

Solid waste conservancy Services to Municipality exempt from GST & TDS not deductible

September 23, 2019 4851 Views 0 comment Print

In re Mahendra Roy (GST AAR West Bengal) Whether solid waste conservancy is an exempt supply and whether TDS is payable The Applicant’s supply to the Howrah Municipal Corporation, as described in para 3.5, is exempt from the payment of GST under SI No. 3 of Notification No. 12/2017 — Central Tax (Rate) dated 28/06/2017 (corresponding […]

ITC on capital goods & input services used for supply of both taxable & exempted goods

September 23, 2019 5628 Views 0 comment Print

In re Metro Dairy Ltd (GST AAR West Bengal) Admissibility of input tax credit on capital goods and input services used for supply of both taxable and exempted goods Based on the proviso to rule 43(1)(d) of the GST Rules and further prescriptions under rule 43(1)(e), (f) and (g) of the GST Rules, the Applicant […]

GST on supply of services for managing establishing & maintenance of hospitals

September 9, 2019 2013 Views 0 comment Print

In re West Bengal Medical Services Corporation Ltd (AAR West Bengal) The Applicant has been set up under Notification No. HF/SPSRC/WBMSC/40/2008/162 dated 17/11/2008 of the Department of Health & Family Welfare, Government of West Bengal, as a fully owned body for managing the procurement of drugs and equipment for the medical colleges and hospitals and […]

GST payable on Supply of cleaning & sweeping service to hospitals

September 9, 2019 34911 Views 1 comment Print

In re Altabur Rahaman Mollah (M/s Reliable Hospitality service) (GST AAR West Bangal) The Applicant, stated to be supplying facility management services like mechanised and manual cleaning, housekeeping, security services etc. to various Central Government and State Government hospitals, seeks a ruling as to whether exemption from payment of GST is available for such supplies […]

18% IGST payable on fertilizer export if dealer opts for refund

August 26, 2019 4008 Views 0 comment Print

In re Sai Fertilizers Pvt Ltd (GST AAR West Bengal) The Applicant, while exporting’ single super phosphate’, shall pay IGST @ 18% under SI No. 43 of Schedule III of Notification No. 11/2017 – IT (Rate) dated 28/06/2017, as amended from time to time, if it opts for refund in terms of section 16(3)(b) of […]

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