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AAR Maharashtra

ITC not eligible on purchase of Paver Blocks laid on land: AAR Maharashtra

March 18, 2020 3768 Views 0 comment Print

Applicant contended that Laying of Paver Blocks on land does not amount to construction of Immovable property u/s. 17(5) (c) of the CGST Act, 2017 and are to be construed as moveable items. With respect to eligibility of ITC applicant has stated that, the prohibition to avail input tax credit is applicable only in respect of expenditure which is capitalized in the books of account and since, expenses on Paver Blocks are not capitalized as a part of immovable property (Land) in their books of accounts, ITC is allowable to them.

GST on Shatamrut Chyavan (prepared animal feed)

March 18, 2020 4338 Views 0 comment Print

In re Vivek V. Ratnaparkhi- M/s. Madhurya Chemicals (GST AAR Maharashtra) A. Whether the classification of ‘Shatamrut Chyavan’ falling under TSH 2309 90 10 of Customs Tariff Act, 1975 as adopted to GST attracting ‘NIL’ rate (0%) of IGST (0%) CGST + (0%) SGST) as per List of Exempted Goods as per Sr. No. 102 […]

No work contract when major part of contract is supply of goods

March 18, 2020 2085 Views 0 comment Print

In re Prasa Infocom & Power Solutions Private Limited (GST AAR Maharashtra) From the discussions made above we find that, as per the subject agreement and documents submitted by the applicant, the major part of the contract is supply of goods. These goods are sold to the client by the applicant and they receive separate […]

‘Pattern of renting’ in relation to usage of property provides context in determination of unit

March 17, 2020 1383 Views 0 comment Print

In re ISPRAVA Hospitality Private Limited (GST AAR Maharashtra) ‘Pattern of renting’ in relation to usage of the property provides the context’ or ‘perspective’ in determination of unit of accommodation. In a hotel, a room constitutes ‘a unit’ whereas in a hostel, a bed may constitute ‘a unit’, as tariff is also declared accordingly. In the […]

GST Advance ruling cannot be sought on goods not in existence

March 17, 2020 1401 Views 0 comment Print

Goods in respect of which supply being undertaken or proposed to be undertaken, should be existing. In the subject case applicant has submitted that they are proposing to manufacture the impugned product, which are presently not in existence. Thus their application is also barred under Section 95 of the CGST Act.

Threaded metal nuts classifiable under Tariff item 73181600

March 17, 2020 1404 Views 0 comment Print

In re A Raymond Fasteners India Pvt. Ltd (GST AAR Maharashtra) Q. Whether Threaded metal nuts which function same as standard nut, merits classification under the Tariff item 7318 16 00 & not under Tariff item 8708 99 00? A. In view of the discussions made above, Threaded metal nuts merits classification under the Tariff […]

Can applicant issue commercial credit note to its dealers for post-sale discounts- AAR cannot decide

March 17, 2020 1104 Views 0 comment Print

In re CEAT Limited (GST AAR Maharashtra) In the instant case, the question which has been raised by the applicant is not pertaining to any of the matters mentioned in Section 97 (2) of the GST Act. In fact the question raised is with respect to procedure which the applicant wants to follow. Section 97(2), […]

No jurisdiction to rule on issuing Credit note without charging GST on post-sale discounts- AAR

March 17, 2020 3282 Views 0 comment Print

Whether the applicant can issue commercial credit note to its dealers for post-sale discounts without charging GST. Hence, it is held that this AAR does not have jurisdiction to pass any ruling on such matters.

GST exemption on Pure services to Municipal Corporation & Councils

March 17, 2020 24906 Views 0 comment Print

In re Core Project Engineers & Consultants Private Limited (GST AAR Maharashtra) We find that the Services are provided by the applicant are in relation to Urban planning including town planning and Planning of land- use and construction of buildings in as much as all the said activities help the local authorities to do Town Planning, […]

GST AAR cannot rule on services provided during Service Tax Regime

March 17, 2020 2205 Views 0 comment Print

In re Woodkraft India Limited (GST AAR Maharashtra) Q1&2 Whether in the facts & circumstances of case, applicant is liable to pay GST in respect of Tax Invoice No. 01 dated 25/06/2018 / R.A. Bill No 22 for Rs. 2,42,09,594/-, toward civil and interior work done of M/s Oil & Natural Gas Corporation Ltd. under […]

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