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AAR Maharashtra

No advance ruling if question raised not pertain to supply of goods or services

January 22, 2020 945 Views 0 comment Print

As per provision of section 95 of CGST ACT, this authority can give a ruling to an applicant on matters or questions raised, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant.

Tunnel construction & related work  falls under earth work & eligible for concessional GST rate

January 20, 2020 1965 Views 0 comment Print

In re Soma Mohite Joint Venture (GST AAAR Maharashtra) The Maharashtra Appellate Authority for Advance Ruling  held that the services provided by the Appellant in the impugned matter qualifies for inclusion under entry 3(vii) of the Notification No. 12/2017-C.T. (Rate), dated 28.06.2017 (as amended by Notification No. 31/2017-C.T. (Rate) dated 13.10.2017). It is evident that […]

ITC Refund: AAR allows applicant to withdraw application

January 17, 2020 1281 Views 0 comment Print

In re DTL Ancillaries Limited (GST AAR Maharashtra) The Application in GST ARA Form No. 01 of M/s DTL Ancillaries Ltd. vide reference no. ARA No. 49 dated 04.10.2019 is disposed of, as being withdrawn voluntarily and unconditionally. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, MAHARASHTRA The present application was filed under Section […]

GST on membership fees from LMOs- Applicant allowed to withdraw application

January 17, 2020 696 Views 0 comment Print

In re Junior Chamber International India (GST AAR Maharashtra) The Application in GST ARA Form No. 01 of M/s. Junior Chamber International India, vide reference ARA No. 43 dated 13.09.2019 is disposed of, as being withdrawn voluntarily and unconditionally. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, MAHARASHTRA The present application was filed under […]

AAR cannot decide on issue of validity of certificates used by end-users of subject products

January 17, 2020 972 Views 0 comment Print

Section 97(2), which encompasses the questions, for the ruling by this Authority does not deal with the issue of validity of certificates used by end-users of subject products. Hence, it is held that this authority does not have jurisdiction to pass any ruling on such matters.

Visvesvaraya National Institute of Technology is not a Govt. Authority: AAR

January 17, 2020 1095 Views 0 comment Print

In re Security and Intelligence Services (India) Ltd (GST AAR Maharashtra) Visvesvaraya National Institute of Technology (VNIT) has neither been set up by an Act of Parliament or a State Legislature, nor has been established by any Government, with ninety percent or more participation by way of equity or control, to carry out any function entrusted […]

AAR not maintainable as applicant has not undertaken supply in subject case

January 15, 2020 720 Views 0 comment Print

Section 95 allows this 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 the subject case. In fact, the applicant is a recipient of property in subject transaction.

GST leviable on sale of TDR/FSI received for surrendering joint rights in land

January 15, 2020 9015 Views 0 comment Print

GST is payable at the rate of 18% (9% + 9%) on transfer of development rights or FSI (including additional FSI), under SI. No. 16, item (iii) of Notification No. 11/2017 – Central Tax (Rate) dated 28-06-2017 (Heading 9972).

Transformers’ supplied to Indian Railways covered under HSN ‘8504’

January 15, 2020 4062 Views 0 comment Print

Transformers’ supplied to Indian Railways, by the applicant, are covered under HSN ‘8504’ and Sr. No. 375 of Schedule III of the Notification 1/2017 Central Tax (Rate) dated 28.06.2017 and therefore subjected to GST@ 18%.

18% GST on Restaurant services at a place where Room Tariff is Rs. 7500 & above

January 15, 2020 8094 Views 0 comment Print

In re Kutting Fusion Hospitality LLP (GST AAR Maharashtra) As per Sr. No. 7(iii) of Notification No. 11/2017-CT(Rate) dated 28.06.2017. as amended, supply of food or drinks in a restaurant for consumption within the restaurant premises or away from the restaurant premises, where the restaurant is located in the premises of hotels, inns, guest houses, […]

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