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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 give ruling on issue already decided by any Authority

March 29, 2022 450 Views 0 comment Print

In re Vinit Gloves Manufacturing Pvt. Ltd. (GST AAR West Bengal) In addition to the fact that the applicant has not made the application in FORM GST ARA-01 on the common portal, the first proviso to sub-section (2) of section 98 of the GST Act speaks that the Authority shall not admit the application where […]

Applicant cannot be treated as fair price shop if not supplying to ration card holders: AAR

March 29, 2022 3711 Views 0 comment Print

In re Provat Kumar Kundu (GST AAR West Bengal) We now proceed to decide whether an agent can be regarded as a fair price shop or not. It appears that a fair price shop is licensed to sell public distribution commodities against ration documents (refer: Para 2.13) i.e., a fair price shop supplies S. K. […]

AAR explains meaning of Fair Price Shop

March 29, 2022 2088 Views 0 comment Print

In re Nathmull Bhagchand Jain (GST AAR West Bengal) We find that in exercise of the power conferred by Section 3 of the Essential Commodities Act 1955, the Government of West Bengal issued the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 on 8th August 2013. The said order defines fair price shops […]

AAR reject application as question raised in the application was pending

March 29, 2022 447 Views 0 comment Print

Aakash Food Products Private Limited (GST AAR West Bengal) 1.1 At the outset, we would like to make it clear that the provisions of the Central Goods and Services Tax Act, 2017 (the CGST Act, for short) and the West Bengal Goods and Services Tax Act, 2017 (the WBGST Act, for short) have the same […]

GST on services to State Government for collection & disposal of bio-medical waste

March 29, 2022 5349 Views 0 comment Print

In re SNG Envirosolutions Pvt. Ltd.  (GST AAR West Bengal) Whether services for collection and disposal of bio-medical waste from various clinical establishments provided by the applicant shall be exempted vide serial number 3 of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017? Supplies provided by the applicant to State Government for collection and disposal of […]

Advance ruling cannot sought by applicant in relation to supply being received by him

February 28, 2022 1611 Views 0 comment Print

In re Cosmic CRF Limited (GST AAR West Bengal) In terms of clause (a) of section 95 of the GST Act, an advance ruling means a decision provided by this Authority or the Appellate Authority, as the case may be, on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) […]

AAR West Bengal allows Withdrawal of application for advance ruling

December 31, 2021 888 Views 1 comment Print

In re Dwarka Prosad Agarwala (GST AAR West Bengal) 1.1 At the outset, we would like to make it clear that the provisions of the Central Goods and Services Tax Act, 2017 (the CGST Act, for short) and the West Bengal Goods and Services Tax Act, 2017 (the WBGST Act, for short) have the same […]

GST on milling of food grains into flour for Food & Supplies Department, Govt. of West Bengal

December 31, 2021 1890 Views 0 comment Print

In the instant case, value of supply shall be the consideration in money and shall also include all the components towards non-cash consideration, as discussed. This composite supply of services by way of milling of food grains into flour (atta) to Food & Supplies Department, Govt. of West Bengal for distribution of such flour under Public Distribution System is eligible for exemption under entry serial no. 3A of the notification No. 12/2017- CT (R) dated 28.06.2017 only when the value of goods involved in such composite supply does not exceed 25% of the value of supply.

GST on construction of water distribution networks and operation & maintenance for Kolkata Municipal Corporation

December 31, 2021 9975 Views 0 comment Print

In re Suez India Private Limited (GST AAR West Bengal) Whether the supplies provided by the applicant to Kolkata Municipal Corporation shall be considered as divisible supplies and what would be its taxability under the GST Act. The contract for water loss management made by the applicant with Kolkata Municipal Corporation which includes construction of […]

GST on milling of food grains into flour for distribution under Public Distribution System

December 31, 2021 4173 Views 0 comment Print

In re Shiv Flour Mill (GST AAR 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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