Decisions on Goods and Services Tax (GST) Delivered by Authority Of Advance Ruling (AAR), West Bengal, Kolkata
The AAR ruled that medicaments prepared exclusively as per authoritative pharmacopoeia formulas attract 2.5% CGST + 2.5% SGST. Single-constituent products are classified under entry 234, while multi-constituent products are classified under entries 233 or 234 based on retail packaging.
Description: GST on aerated beverages supplied in hotel restaurants, whether standalone or with food, is treated as a composite supply of restaurant service. Tax applicable: 9% CGST + 9% SGST.
The AAR held that digitalization and monitoring of piped water supply projects for government departments are GST-exempt. Services qualify as pure services with no goods involved and relate to constitutionally mandated functions. The ruling ensures tax-free execution of technology-driven water supply programs.
The West Bengal AAR ruled that transferring all assets and liabilities of a company to a new entity while continuing operations qualifies as a GST-exempt service by way of transfer of a going concern.
The AAR held that data collection services for Functional Household Tap Connections are pure services under GST law. Provided to PHED, a state government authority, these services relate to water supply functions under Articles 243G and 243W. As a result, the services are fully GST-exempt.
Examines whether data validation and training activities for water supply schemes qualify as exempt pure services. The ruling clarifies classification criteria and GST applicability.
The authority evaluates the applicant’s claim that its proposed transportation model involves GTA services. It agrees, noting that issuance of a consignment note and assumption of delivery liability indicate GTA classification. Consequently, services to unregistered customers through e-commerce platforms fall under the GST exemption.
The applicant opted not to pursue its queries on GST rates for single-ingredient and combination homoeopathic medicines, resulting in the application being dismissed as withdrawn.
The ruling held that hired infrastructure and fit-outs form part of immovable property and therefore constitute a mixed supply under leasing or rental services. The supply was classified under Heading 9973 and taxed at 18%.
The West Bengal Authority for Advance Ruling (AAR) clarifies that Cotton Seed De-oiled Cake (HSN 2306) is fully exempt from GST effective from September 22, 2017, irrespective of its end-use as animal or aquatic feed. The ruling resolves supplier inconsistency and nullifies questions regarding Input Tax Credit (ITC).
