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AAR Maharashtra

AAR cannot determine levy of GST on Fees collected from overseas Investors

October 4, 2019 1491 Views 0 comment Print

It can decisively be concluded that the question posed by the Appellant i.e. whether the GST is applicable on the Investment Advisory and Management Fees collected from the overseas Investors, is beyond the jurisdiction of the Advance Ruling, and hence cannot be decided by the Advance Ruling Authority

For levy of cess ground clearance of vehicle is to be considered in laden condition only

September 20, 2019 6258 Views 0 comment Print

For the purpose of Cess @ 22% under Sr. No. 52B of Cess Rate Notification, whether the ground clearance of the vehicle is to be considered in laden condition or in unladen condition? For the purpose of Cess @ 22% under Sr. No. 52B of Cess Rate Notification, the ground clearance of the vehicle is to be considered in laden condition only.

Order passed by ARA is void ab-initio if obtained by fraud/suppression/misrepresentation

September 9, 2019 2847 Views 0 comment Print

In re Asstt. Commr. of SGST (D-819) Vs. Arihant Enterprises (GST AAAR Maharashtra) Sec. 98(2) provides that the application shall not be admitted where the question raised is already pending under any of the provisions of this act. The term ‘any of the provisions of this act’ includes investigations proceeding under section 67. It is […]

Breakwater not Plant & Machinery- ITC not eligible- AAAR

September 6, 2019 993 Views 0 comment Print

In re  Konkan LNG Private Limited. (GST AAAR Maharashtra) The Maharashtra Appellate Authority confirmed the Maharashtra Advance Ruling Autority Order by holding that  the Appellant is not eligible for taking ITC in terms of section 16  read with section 17  of the MGST ACT / CGST ACT ( CGST/ SGST / IGST ) on construction […]

Shyam Samruddhi is an organic fertilizer classifiable under HSN-3105

August 26, 2019 4398 Views 0 comment Print

In re Alligo Agrovet Private Limited (GST AAR Maharashtra) Question: – Classification of goods and GST rate applicability in the case of goods manufactured by us (list enclosed) ? Answer:- Products namely AUTUS, SJ-NINJ A, SJ-ERASER, OPRAX, TELNAR, VK’s NEMO AND STRESSOUT are classifiable under HSN Code-3808 and liable to GST @18% (SGST CGST 9% […]

12% GST on Affordable housing project Construction services provided after 25.01.2018

August 23, 2019 31734 Views 0 comment Print

we find that that the applicant’s case is covered under the tax rate of 12%, under Heading 9954 (Construction Services), (v) (da) of above mentioned Notification No. 11/2017, as amended since the project undertaken by them falls under the definition of Affordable Housing as also claimed by them in their application

‘Dialyzer’ used in dialysis machine- 5% GST Payable: AAR

August 23, 2019 5646 Views 0 comment Print

In re M/s Nipro India Corporation Private Limited (GST AAR Maharashtra) Question 1. Whether on facts and circumstances of the case, the product Dialyzer be treated as ‘Disposable sterilized dialyzer or micro barrier of artificial kidney’ as mentioned under Entry No. 255 of Schedule I to Notification Number 1/2017-Central Tax (Rate), dated 28 June 2017 […]

Tunnel construction & related work not falls under earth work so not eligible for concessional GST rate

August 23, 2019 1887 Views 0 comment Print

In re Soma-Mohite Joint Venture (GST AAR Maharashtra) Question: – 1. Whether the said Contract is covered under SI NO -3A , Chapter No 99 as per Notification No 2/2018 -Central Tax (Rate) dated 25/01/2018, w.e.f 25/01/2018 ? Answer:- Answered in the negative. Question: – 2. Whether the said contract is covered under the term “Earth Work” and […]

GST: Service relating to conduct of online exam is composite supply

August 23, 2019 9897 Views 0 comment Print

In re Attest Testing Services Limited (GST AAR Maharashtra) Question a):- Whether the services provided by the Applicant can be considered to be a composite supply as defined under section 2(30) of the CGST Act, 2017 or a mixed supply defined under section 2(74) of the CGST Act. 2017? Answer:-The subject services provided by the Applicant […]

18% GST Payable on transportation services forming part of composite works contract

August 23, 2019 9387 Views 0 comment Print

In re Siemens Limited (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling held as under: From the conjoined and harmonious reading of various clauses of Third contract and Fifth contract awarded to the appellant and their interdependency under the whole contract comprising of six contracts, it can be safely concluded that the agreement for setting […]

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