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AAR West Bangal

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

Welding of railway tracks along with labour services is a ‘Composite Supply’ taxable at 18% GST

December 22, 2022 687 Views 0 comment Print

AAR held that welding process on railway tracks along with supply of labour services shall be treated as ‘Composite Supply’ of services falling under Tariff 995429 and shall be taxable at the rate of 18% vide serial number 3(xii) of Notification No. 11/2017-Central Tax (Rate) dated June 28, 2017

Transfer of business qualify as a ‘going concern’ if not have Intention or necessity of liquidation or of curtailing materially the scale of operations’

December 22, 2022 5847 Views 0 comment Print

In re Jayesh Popat (GST AAR West Bengal) Whether the transaction of transfer of business by the applicant shall be treated as a supply of services and would be covered under Serial No. 2 of the Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017? It therefore appears that to qualify as a ‘going concern’, the business […]

Project Implementing Agency making supplies to State Govt Dept/ Directorate is required to issue tax invoice on contract value

December 22, 2022 555 Views 0 comment Print

AAR ruled that assessee acting as Project Implementing Agency, making supplies to State Government Department is required to issue tax invoice on contract value as determined by Department in spite of the fact that there is no value addition in supply.

GST @12% leviable on contract w.r.t. construction of new railway sidings

December 22, 2022 1071 Views 0 comment Print

In re Triveni Engicos Private Limited (GST AAR West Bengal) The AAR, West Bengal  in the matter of Triveni Engicons Private Limited [Order No. 14/WBAAR/2022-23 dated December 22, 2022] has ruled that the construction work carried out by the assessee of new private sidings pertains to the railways and GST @12% will be applicable on […]

18% GST on Supply of Mangrove Seeds & Seedlings Plantation Services in Coastal Areas

December 12, 2022 645 Views 0 comment Print

In re Raj Mohan Seshamani (Trade Name- M/s Sustainable Green Initiative), (GST AAAR West Bengal) In the case of Raj Mohan Seshamani, regarding the SAC (Services Accounting Code) and GST (Goods and Services Tax) rate for the outward supply related to mangroves cultivated and nurtured in coastal communities, the following key points were discussed: Background: Raj […]

Annual operation & maintenance of compactor and hook loader for lifting & removal of garbage is a composite supply of goods & services

October 21, 2022 2013 Views 0 comment Print

AAR ruled that, supply of services to the Government or Government authority for annual operation and maintenance of capacity portable compactor and hook loader cannot be regarded as pure services and it is a composite supply of goods and services as it involves supply of goods like spare parts.

Shifting of electrical utilities cannot be regarded as road construction services

October 21, 2022 3675 Views 0 comment Print

In re Shree Powertech (GST AAR West Bengal) Sub-contractor would not be eligible for GST concession rate as main contractor on shifting of electrical utilities The West Bengal Authority of Advance Ruling (“the WBAAR”) in Re: M/s Shree Powertech [WBAAR 17 of 2022 dated October 21, 2022] ruled that the subcontractors are not eligible for […]

GST rate and HSN Code of industrial safety belt and harness

October 21, 2022 12270 Views 0 comment Print

The item industrial safety belt manufactured by the applicant would be classified under chapter sub-heading 6307 20 90 and tax would be levied @ 5% of item sale value not exceeding Rs.1000/- per piece and @ 12% in case where sale value exceeds Rs.1000/- per piece.

GST on operation & maintenance of Municipal Wet Waste processing facility

September 23, 2022 1731 Views 0 comment Print

In re Simoco Telecommunications (South Asia) Limited (GST AAR West Bengal) Classification and rate of tax of supply to be provided by the applicant to State Urban Development Agency for Municipal Wet Waste processing facility along with operation & maintenance under Swachh Bharat Mission/Mission Nirmal Bangla. Supply of services to be provided by the applicant […]

GST on milling of food grains into flour for Public Distribution by Govt

August 22, 2022 1632 Views 0 comment Print

In re Shiv Flour Mill (GST AAAR West Bengal) Whether the supply of service provided by the applicant to Food & Supplies Department, Govt. of West Bengal by way of milling of food grains into flour for distribution of such flour under Public Distribution System is eligible for exemption under entry No. 3A of Notification […]

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