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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 dredging to improve navigability of river-bed and channels

June 27, 2019 1383 Views 0 comment Print

In re Arihant Dredging Developers Private Limited (GST AAR West Bangal) It appears from the description of the work that it improves the navigability of the river-bed and channels – an activity toward development of irrigation and waterways. It is, therefore, an activity in relation to the function listed under SI No. 5 of the […]

18% GST payable on railway pushing and towing service: AAR

June 25, 2019 3861 Views 0 comment Print

In re Champa Nandi (M/s Industrial Handling) (GST AAR West Bangal) Art 366(20) of the Constitution excludes from the ambit of ‘railway’ only (a) a tramway wholly within a municipal area and (b) any line of communication wholly situates in one State and declared by Parliament by law not to be a railway. The Parliament […]

18% GST payable on land filling and site preparation work: AAR

June 25, 2019 8046 Views 0 comment Print

In re Ashis Ghosh (GST AAR West Bengal) In terms of the description of the work, contained in the work orders, the Applicant is required to fill in the foundation or plinth by silver sand in layers and consolidating the same by saturation with water ramming. The work also involves earth work for filling in […]

GST paid on inward supply of motor vehicles for supplying rent-a-cab service not admissible

June 25, 2019 2595 Views 0 comment Print

GST paid on the [inward supply] of motor vehicles for supplying rent-a-cab service is not admissible for credit in terms of section [17(5)(a)] of the GST Act.

GST on lodging alongwith food – Composite supply?

June 25, 2019 3483 Views 0 comment Print

In re M/s Sarj Educational Centre (GST AAAR West Bangal) Whether service to the students for lodging along with food is a composite supply within the meaning of section 2(30) of the GST Act The West Bengal Authority for Advance Ruling (hereinafter referred to as the WBAAR’) has passed an advance ruling by an order […]

Notification on TDS under GST not applicable on exempt supplies

June 10, 2019 20274 Views 0 comment Print

As Applicant is making an exempt supply, provisions of section 51 and, for that matter, Notification No. 50/2018-Central Tax dated 13/09/2018 to the extent they mandate and deal with mechanism of TDS, do not apply to his supply.

Input tax credit on motor vehicle purchase for supplying rent-a-cab service?

June 10, 2019 16653 Views 1 comment Print

GST paid on the purchase of motor vehicles for supplying rent-a-cab service is not admissible for credit in terms of section 17(5)(b)(i) of the GST Act.

No ITC for GST paid on purchase of motor vehicles for supplying rent-a-cab service

June 10, 2019 5187 Views 0 comment Print

In Re Mohana Ghosh (GST AAR West Bengal) GST paid on purchase of motor vehicles for supplying rent-a-cab service is not admissible for credit in terms of section 17(5)(b)(i)  The applicant was supplying cabs on a rental basis. It submitted that people take the car on rent for the transportation of passengers. Rent-a-Cab was, therefore, […]

Whether resuscitation of a river is an exempt supply under GST

June 10, 2019 3099 Views 0 comment Print

In re Neo Built Corporation (GST AAR AAR West Bengal) The recipient is engaged in the development of irrigation and waterways, which includes activities in relation to the function listed under SI No. 5 of the Eleventh Schedule. Resuscitation of a river means reviving the water flow. It is, therefore, relatable to the function listed under […]

Whether drainage of channels and riverbeds is an exempt supply?

June 10, 2019 3945 Views 0 comment Print

The recipient is engaged in the development of irrigation and waterways, which includes activities in relation to the function listed under SI No. 5 of the Eleventh Schedule, and, therefore, entrusted to a panchayat under Article 243G of the Constitution of India. The recipient certifies that the work awarded to the Applicant, involving drainage of channels and riverbeds, is an activity undertaken in relation to the function referred to above.

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