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AAR Maharashtra

ITC cannot be availed on second hand car if applicant opted for concessional rate

October 25, 2021 17502 Views 0 comment Print

In re Deccan Wheels (GST AAR Maharashtra) Maharashtra AAR rule that ITC can’t be claimed on indirect expenses when dealer is engaged in selling of second hand goods Maharashtra Authority for Advance Ruling (Mah AAR) ruled that Input Tax Credit cannot be claimed on Indirect Expenses like rent, commission, professional fees, telephone incurred for purpose […]

Recipient of services/Goods or both cannot apply for advance ruling

October 25, 2021 1101 Views 0 comment Print

In re Godavari Marathwada Irrigation Development Corporation (GST AAR Maharashtra) Section 95 of the CGST Act, 2017 allows Advance Ruling authority to decide the matter in respect of supply of goods or services or both, undertaken or proposed to be undertaken by the applicant. We find that the applicant has not undertaken the supply in […]

AAR allows ‘Hotel OM Tunga Vihar’ to withdraw application

October 25, 2021 630 Views 0 comment Print

In re Hotel OM Tunga Vihar (GST AAR Maharashtra) The applicant has submitted a email letter dated 21.10.2021 and requested that they may be allowed to voluntarily withdraw their subject application filed on 31.12.2019. The request of the applicant to withdraw the application voluntarily and unconditionally is hereby allowed, without going into the merits or […]

18% GST Payable on activity of reshelling of old sugar mill rollers

October 25, 2021 2247 Views 0 comment Print

In re S.B. Reshellers Pvt.Ltd. (GST AAR Maharashtra) Question 1:- The activity of reshelling of old sugar mill rollers whether is treatable as a job work service under SAC 9988 or is treatable as a repair/maintenance service under SAC 9987? Answer: – The activity of reshelling of old sugar mill rollers is treatable as a repair/maintenance service […]

Advance ruling cannot be obtained in respect of past & completed supply

October 14, 2021 2334 Views 0 comment Print

Mah AAR rejected the subject application as being non-maintainable as per Section 95 of the CGST Act because the Applicant has firstly raised questions as a recipient of services and secondly the questions are in respect of past and completed supply as on the date of the application and not a supply, which is being undertaken/proposed to be undertaken.

Job work services by Garware industries Limited falls under clause (id) Heading 9988

October 11, 2021 1521 Views 0 comment Print

In re Garware Industries Limited (GST AAR Maharashtra) Question: – Whether as per Notification no. 20/2019 dated 30/09/2019, services provided by Garware industries Limited falls under clause (id) Heading 9988. Answer:- The Impugned services provided by applicant falls under clause (id) Heading 9988. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, MAHARASHTRA PROCEEDINGS (Under […]

Turbilatex C-reactive protein (CRP) infinite & HbA1c infinite classifiable under Heading 38.22

October 11, 2021 1761 Views 0 comment Print

In re Accurex Biomedical Private Limited (GST AAR Maharashtra) Question: – HSN Classification and GST rate to be charged on below products: 1. Turbilatex C-reactive protein (CRP) infinite 2. HbA1c infinite Answer:- The said products are classifiable under Heading 38.22 and under Sr.No 80 of Schedule II of the Notification No. 1/2017 – Central Tax […]

Process undertaken will come under job work purview if no new product comes into existence

October 11, 2021 3150 Views 0 comment Print

In re Fine Electro Coating (GST AAR Maharashtra) Since no new product comes into existence after the process conducted by the applicant on the goods supplied by its principals, therefore the process undertaken will come under the purview of jobwork as defined under Section 2 (68) of the GST Act, 2017. Thus, in view of […]

Mumbai Port Trust eligible for GST exemption on certain payments to MMRDA

October 11, 2021 2409 Views 0 comment Print

In re Mumbai Port Trust (GST AAR Maharashtra) Question. Whether in law and in facts and circumstances of the case, the Applicant (MbPT) is entitled to exemption from payment of GST in terms of Entry No.3 of the Notification No. 12/2012-CTR dtd.20-06-2012 on the following considerations payable to it by Mumbai Metropolitan Region Development Authority […]

GST on Treated Water’ obtained from STP

October 9, 2021 3861 Views 0 comment Print

Whether ‘Treated Water’ obtained from STP (classifiable under Chapter 2201) will be eligible for exemption from GST by virtue of SI. No. 99 of the Exemption Notification No. 02/2017- Integrated Tax (Rate) dated 28 June 2017 (as amended) as ‘Water (other than aerated, mineral, purified, distilled, medical, ionic, battery, de-mineralized and water sold in sealed container]’?

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