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AAR Maharashtra

ITC allowed wef 01.02.2019 on leasing, renting or hiring of motor vehicles, for transportation of persons

December 15, 2020 13950 Views 0 comment Print

In re Tata Motors Limited (GST AAR Maharashtra) Section 17(5) had clearly debarred Input Tax Credit on motor vehicles or conveyances used in transport of passengers till the date of the amendment i.e. 01.02.2019. However with effect from 01.02.2019, Input Tax Credit has been allowed on leasing, renting or hiring of motor vehicles, for transportation […]

No GST on financial assistance under German Government develoPPP.de programmeme

December 15, 2020 1425 Views 0 comment Print

In re Prettl Automotive India Private Limited (GST AAR Maharashtra) Q1. Whether the financial assistance to be received by the Applicant are covered as consideration for supply and the activity is covered under the meaning of supply of services in terms of Section 7 of the CGST Act, 2017/MGST Tax Act, 2017? Answer:- Answered in […]

GST on supplying manpower to Hospitals & Dispensaries run by Government medical college

December 15, 2020 5070 Views 0 comment Print

In re Janki Sushikshit Berojgar Nagrik Seva Sahakari Sanstha Ma (GST AAR Maharashtra) Applicant is mainly supplying manpower and only in the case of Government Ashram school, applicant is providing goods in the form of vegetable and mutton as per the contract executed. The first question raised by the applicant is whether the supply of […]

AAR explains GST on supply of Digital Goods/Online Gaming

December 15, 2020 8178 Views 0 comment Print

In re Amogh Ramesh Bhatawadekar (GST AAR Maharashtra) Question. I) Whether ‘e-goods’ as commercially known in the market are ‘goods’ as defined in the GST Acts or are they services as per GST Act? Answer: – E-goods, in this case- ‘Online Gaming’ will be covered under services under the GST Act. Question. 2) If they […]

Appellant can re-approach AAR with a fresh application with sample/reports of products

December 11, 2020 1083 Views 0 comment Print

In re Saint-Gobain India Private Limited (GST AAAR Maharashtra) As regards the issue of denial of fair chance of hearing with sample, we hold that the Appellant may approach the Maharashtra Advance Ruling Authority with a fresh application along with the sample/reports of the products and in that case, the MAAR shall decide the issue […]

Metal Nuts with & without metrical threading falls under HSN 87089900

November 26, 2020 2160 Views 0 comment Print

In re A Raymond Fasteners India Pvt. Ltd (GST AAAR Maharashtra) The Maharasthra Appellate Authority for Advance Ruling set aside the Advance Ruling No. GST-ARA-47/2019-20/B-33, dated 17.03.2020, pronounced by the MAAR. Further hold that the impugned goods, i.e., Metal Nuts with metrical threading, Metal Nuts without metrical threading, and Metal Spring Nuts, will be considered […]

Shatarnrut Chyavan is animal feed supplement & falls under HSN 23099010

November 23, 2020 2454 Views 0 comment Print

As it has been established that the impugned product टShatarnrut Chyavan’ is an animal feed having specific use, viz.- increasing the milk production of the cattle and increasing the immunity of the cattle to fight diseases, and the said impugned product is also known in the market as the cattle feed supplement only, therefore, the said impugned product would be classified as animal feed supplement, and accordingly would merit classification under the Chapter Heading 2309 and under the Tariff Item 2309 90 10, and would not attract any GST in terms of SI. No. 102 of the Notification No. 2/2017-C.T. (Rate), dated 28.06.2017.

Input Tax Credit not eligible for GST paid on purchase of ‘Paver Blocks’

November 12, 2020 6012 Views 0 comment Print

In re Sundharams Private Limited (GST AAAR Maharashtra) The MAAAR while upholding the Maharashtra AAR Order held that the Applicant was not entitled to avail Input Tax Credit in respect of taxes to be paid on the purchase of ‘Paver Blocks’ in terms of Section 17(5)(d) of the CGST Act, 2017. FULL TEXT OF ORDER OF […]

AAAR cannot answer on correctness of GST liability based on illustrative invoices

November 5, 2020 4452 Views 2 comments Print

In re Apsara Co-operative Housing Society Ltd. (GST AAAR Maharashtra) The Maharasthra Appellate Authority for Advance Ruling upheld the Ruling passed by the Maharashtra Advance Ruling Authority, vide their Order No. GST-ARA-21/2019-20/B-34 dated 17.03.2020 and stated that the activities carried out by the Appellant would amount to supply in terms of Section 7(1)(a) of the […]

GST AAR Maharashtra allows ‘Sandeep Dwellers Pvt. Ltd.’ to withdraw application

October 23, 2020 1098 Views 0 comment Print

The Application in GST ARA Form No. 01 of M/s. Sandeep Dwellers Pvt. Ltd., vide reference ARA No. 48 dated 23.10.2020 is disposed of, as being withdrawn voluntarily and unconditionally.

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