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AAR Maharashtra

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

March 17, 2020 1437 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 1485 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 1458 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 1152 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 3315 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 25083 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 2232 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 […]

AAR cannot decide on correct discharge of GST by applicant

March 17, 2020 2664 Views 0 comment Print

In re Apsara Co-operative Housing Society Limited (GST AAR Maharashtra) In the instant case that, 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 other words. Section 97(2), which encompasses the questions, for the ruling by this Authority […]

Recipient of services cannot apply for Advance Ruling under GST

March 12, 2020 1800 Views 0 comment Print

In re Portescap India Private Limited (GST AAR Maharashtra) Section 95 of the CGST Act, 2017 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 […]

No ITC of GST on input & input services used for construction of commercial immovable property, subsequently used for renting

March 12, 2020 11925 Views 1 comment Print

In re Ashish Arvind Hansoti (GST AAR Maharashtra) Question : Whether applicant is eligible to claim input tax credit of GST paid on input & input services used for construction of commercial immovable property, subsequently used for renting? Section (17) (5) (d) bars a taxable person, in the subject case the applicant, from taking input […]

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