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AAR West Bangal

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

AAR cannot admit application where question raised is already pending or decided

December 21, 2018 798 Views 0 comment Print

In re Ashok Rubber Industries (GST AAR West Bangal) 1st proviso to section 98(2) prohibits this Authority from admitting any application where the question raised is already pending or decided in any proceedings in the case of the applicant under any provisions of the GST Act. It does not distinguish between stages or nature of […]

AAAR ruling on classification of Laminated Taurpalins of HDPE Woven Fabrics

December 3, 2018 1251 Views 0 comment Print

Tarpaulins of HDPE woven fabrics, laminated as per specification of IS 7903:2017, being expressly excluded, do not merit classification under Chapter 63.

GST payable on services by Association of Inner Wheel Clubs in India

November 26, 2018 2823 Views 1 comment Print

In re The Association of Inner Wheel Clubs in India (GST AAR Kolkata) The Applicant’s activities involve supply of services classifiable under SAC Heading 99959 against consideration received in the form of subscription and membership fees. Services classifiable under SAC Heading 99836 are also supplied. Sale of souvenirs is to be considered as a supply […]

GST on transportation service in contacts for erection of transmission towers

November 26, 2018 3465 Views 0 comment Print

In re Skipper Ltd (GST AAR West Bangal) The Applicant supplies works contract service, the value of which includes inter alia consideration paid for transportation and in-transit insurance. GST is to be paid on the entire value of the works contract, including the supply of materials, transportation, in-transit insurance, erection, commissioning etc. The exemption under […]

18% GST Payable on Polypropylene Leno Bags whether laminated with BOPP or not

November 5, 2018 3822 Views 0 comment Print

In re Assistant Commissioner of Central Tax (T & R), Howrah CGST & CX Commissionerate (GST AAAR West Bengal) It is clarified that Polypropylene Woven and Non-Woven Bags and PP Woven and Non-Woven Bags laminated with BOPP would be classified as plastic bags under HS code 3923 and would attract 18% GST.” From the above, […]

IIM is an Educational Institution’ eligible for GST exemption

November 2, 2018 2880 Views 0 comment Print

In re Indian Institute of Management (GST AAR Kolkata) Applicant, Indian Institute of Management (IIM) is an ‘Educational Institution’ within the meaning of sub-clause (ii) of clause 2(y) of the Exemption Notification in terms of the IIM Act. Exemption under Entry no. 66(a) is applicable to such educational institutions as such, especially as the law mentions […]

GST on Toll Taxes reimbursed by clients & its deduction form supply value

November 2, 2018 17340 Views 0 comment Print

In re Premier Vigilance & Security Pvt Ltd (GST AAR West Bengal) Whether toll charges reimbursed by the clients are eligible for deduction u/r 33 from the value of supply? The toll is charged for providing the service by way of access to a road or bridge (SAC 9967). The Applicant, being the owner of […]

Toll charges not deductible from the value of supply under rule 33

November 2, 2018 2877 Views 0 comment Print

In re Premier Vigilance & Security Pvt Ltd (GST AAR West Bangal) Toll charges paid are not to be excluded from the value of supply under Rule 33. GST shall, therefore, be payable at the applicable rate on the entire value of the supply, including toll charges paid. The Applicant is not acting as a […]

PP Leno bags of woven PP fabric classifiable as Sacks & Bags under HSN 63053300

September 28, 2018 2079 Views 0 comment Print

In re RLJ Woven Sacks Pvt. Ltd (GST AAR West Bengal) ‘PP Leno Bags’, if specifically made from woven Polypropylene fabric using strips or the like of width not exceeding 5 mm and without any impregnation, coating, covering, or lamination with plastics, are to be classified under Tariff Sub Heading 63053300. FULL TEXT OF ORDER […]

No input tax credit for supply of goods / services at Zero Value

September 27, 2018 10413 Views 2 comments Print

Understand the implications of zero value invoices in GST input tax credit claims. Get insights from the case of Assistant Commissioner, CGST & CX, Tollygunge Division, Kolkata South Commissionerate (GST AAAR West Bengal).

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