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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 explains GST on Residential Real Estate Project & affordable residential apartment

December 9, 2021 6657 Views 0 comment Print

In re Kayal Infra (GST AAR West Bengal) Whether the project which is currently under construction by the applicant can be treated as (i) Residential Real Estate Project (RREP) and (ii) affordable residential apartment and what shall be the rate of tax on such supply. (i) The project referred to in the instant application which […]

GST & TDS not applicable on solid waste management services to municipality

October 8, 2021 26019 Views 1 comment Print

In re Vinayak Singh (GST AAR West Bengal) GST not payable on supply of services of lifting/ removing of garbage accumulated from vats, dumping yards, containers to Howrah Municipal Corporation The AAR, West Bengal in response to Application presented by Mr. Vinayak Singh (Applicant) [Order No. 14/WBAAR/2021-22 dated October 8, 2021]has issued an advance ruling […]

Manpower Agency cannot escape GST liability on Gross amount by showing Services Charges and Salary/Wages Separately

October 8, 2021 7443 Views 1 comment Print

In re Prodip Nandi (GST AAR West Bengal) Manpower Agency cannot escape GST liability on Gross amount by showing Services Charges and Salary/Wages Separately The applicant thus engages contract labour towards supply of manpower services as requited by his clients (recipient of services). Rule 33 of the CGST/WBGST Rules, 2017 clearly speaks that one of […]

Supply of cooking gas via pipeline with Maintenance Service is Composite Supply

September 30, 2021 8829 Views 0 comment Print

In re Masterly Kolkata Facility Maintenance Pvt Ltd. (GST AAR West Bengal) Whether supply of cooking gas through pipeline as provided by the applicant should be classified as supply of goods or supply of services. It is submitted by the applicant that the apartment owners are at liberty either to get the supply of cooking […]

GST on Supply of unconnected goods at nominal price against purchase of hosiery goods

September 30, 2021 2904 Views 1 comment Print

In re Kanahiya Realty Private Limited (GST AAR West Bengal) (i) Supply of goods at nominal price to retailers against purchase of specified units of hosiery goods pursuant to a promotional scheme would qualify as individual supplies taxable at the rates applicable to each of such goods as per section 9 of the GST Act. […]

GST: AAR explains when definition of ‘affordable residential apartment’ not applies

September 30, 2021 14901 Views 0 comment Print

In re Pioneer Associates (GST AAR West Bengal) Whether the definition of ‘affordable residential apartment’ is applicable in respect of flats (having carpet area of 60 sqm and value up to Rs. 45 lacs) of an ongoing projects and tax can be collected  @ 8% on all advances received after 01.04.2019. The definition of “affordable residential apartment” […]

Manpower services: GST payable on entire billing amount inclusive of EPF & ESI etc.

September 30, 2021 22926 Views 0 comment Print

In re Exservicemen Resettlement Society (GST AAR West Bengal) GST is payable on complete billing amount including employer portion of EPF & ESl Amount West Bengal Authority for Advance Ruling has held that GST is payable on the entire billing amount, including the Employer’s contribution of Employees Provident Fund (EPF) or Employee State Insurance (ESI), if […]

GST exempt on services relating to conduct of examination for Educational Boards

September 13, 2021 11067 Views 0 comment Print

In re Management & Computer Consultants (GST AAR West Bengal) Whether services related to pre-examination, conducting of examination and post -examination provided to Educational Boards, Council and Universities shall be treated as exempted supply. West Bengal State Council of Technical & Vocational Education and Skill Development, a statutory body, offers courses under various sections like […]

ITC not admissible for bills of Jan to March 2020 for which supplier furnished GSTR-1/3B in November 2020

August 9, 2021 4701 Views 0 comment Print

In re Eastern Coalfields Ltd (GST AAR West Bengal) Whether the applicant is entitled for input tax credit already claimed by him on the invoices raised by the supplier pertaining to the period Jan-2020, Feb-2020 and March-2020 for which the supplier has paid the tax in November-2020 and whether the applicant has to reverse the […]

AAR allows ‘SNG Envirosolutions Private Limited’ to withdraw Application

July 30, 2021 516 Views 0 comment Print

In re SNG Envirosolutions Private Limited (GST AAR West Bengal) The authorised representative of the applicant has appeared on 19.07.2021 and stated that the applicant intends to withdraw the application unconditionally. The request of the applicant to withdraw the application voluntarily and unconditionally is hereby allowed, without going into the merits or detailed facts of […]

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