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AAR Maharashtra

AAR cannot decide on correct discharge of GST by applicant

March 17, 2020 2631 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 1731 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 11784 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 […]

AAR Maharashtra allows Lfonds India to withdraw Application

March 12, 2020 546 Views 0 comment Print

In re M/s. Lfonds India Pvt. Ltd. (GST AAR Maharashtra) The applicant has submitted a letter dated 24.02.2020 and requested that they may be allowed to voluntarily withdraw their subject application filed on 24.02.2020. The request of the applicant to withdraw the application voluntarily and unconditionally is hereby allowed, without going into the merits or […]

AAR Application not admissible if Applicant is not supplier

March 11, 2020 705 Views 0 comment Print

In re Futuredent (GST AAR Maharashtra) We find that the applicant has not undertaken the supply in the subject case, and is also not proposing to undertake the supply. We find that, the applicant is a recipient of services from a person situated abroad. The impugned transactions are not in relation to the supply of […]

No GST on Salary expenses accounted to meet Indian accounting requirements

March 11, 2020 2250 Views 1 comment Print

 Whether GST is applicable on the accounting entry made for the purpose of Indian accounting requirements in the books of accounts of Project Office for salary cost of Expat employees?

AAR application not admissible on separate invoice issue to each co-owners

March 11, 2020 1014 Views 0 comment Print

In re Rishabh Chopda (GST AAR Maharashtra) The first question raised by the applicant is whether the co-operative society, in the present case has to issue four separate invoices to each of the four co-owners so that all of them can get proportionate input tax credit. We find that the said question is raised on […]

AAR should have decided the issue of Liability to pay GST under RCM: AAAR

March 11, 2020 2226 Views 0 comment Print

Advance Ruling on the questions related to the determination of the liability to pay tax including the liability under RCM (Reverse Charge Mechanism) can be sought by the Applicant in terms of the provisions related to the Advance Ruling as provided under Chapter XVII of the CGST Act, 2017.

GTA Service: AAR cannot rule on ‘procedure’ which applicant can follow

March 5, 2020 3003 Views 0 comment Print

In re Liberty Translines (GST AAR Maharashtra) The second question raised by the applicant is whether Applicant would be right in charging GST @12% under Forward Charge mechanism to POSCO in terms of Notification No 20/2017-Central Tax (Rate) 2017 dated 22 August, 2017 when POSCO as the main contractor is already charging GST @12% under the […]

Input tax credit of GST charged by third-party transporters

March 5, 2020 17229 Views 0 comment Print

In re Posco India Steel Distribution Centre Pvt Ltd (GST AAR Maharashtra) Q 1. What will he the classification of the services (whether under service codes 996511 or 996791 or 996799 or any other) of the Applicant in case the Applicant issues the consignment note however, the actual transportation is done through the third-party transporter […]

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