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AAR Maharashtra

Non-alcoholic beverage Prohance-D attracts GST @ 18%: AAR

January 23, 2019 2142 Views 0 comment Print

In re Sun Pharmaceutical Industries Ltd. (GST AAR Maharashtra) Chapter heading 2106 of the Tariff specifically covers ‘Food preparations not elsewhere specified or included’ and in view of the submissions made by the applicant it is clear that ‘Prohance-D (Chocolate)’ is a food preparation which is meant to be consumed by people by dissolving the […]

GST AAR application submitted without filing fees is liable for rejection

January 23, 2019 960 Views 0 comment Print

In re The Kreations Builders & Devlopers (GST AAR Maharashtra) It is mandatory as per section 97(1) read with Rule 104 of the CGST/MGST Act to pay applicable fee of Rs. 5000/- each under SGST and CGST Act to be deposited as per the provision of Section 49 of the Act. If not the application […]

Service Recipient cannot obtain Advance Ruling unless paid GST under RCM

January 23, 2019 1665 Views 0 comment Print

Applicant who is recipient of services cannot obtain GST advance ruling unless the recipient is paying the taxes under reverse charge mechanism on the transaction of receipt of supply.

No GST on Amount retained by Issuer bank as Merchant discount rate

January 16, 2019 14898 Views 0 comment Print

In re The Mobile Wallet Pvt Ltd (GST AAR Maharashtra) In fact there is one composite supply under GST, provided by the acquiring bank to the merchant establishment for which gross value of consideration is Merchant Discount Rate (MDR) which includes the interchange fee. Hence, the supply of Service of the issuing bank got subsumed […]

GST on Paintings, Old/Antique jewellery/Cars/watches/Collectibles/Books

January 15, 2019 18897 Views 0 comment Print

In re Safset Agencies Private Ltd (Astaguru.com) (GST AAR Maharashtra) (i) Paintings as described by the applicant will be classifiable under Heading 9701 and the applicant must pay GST of 12% on the sale value. (ii) Old Cars:- Motor Vehicles fall under Heading 8703 of the GST Tariff. All the items under 8703 attract 28% […]

GST on control & relay panel designed for controlling of electrical equipments

January 8, 2019 4209 Views 0 comment Print

In re Ms. NR Energy Solutions India Pvt. Ltd. (GST AAR Maharashtra) From the discussions made above we find that in all the three POs 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 payment for […]

12% GST payable on Work Contract Services pertaining to railways

January 3, 2019 19185 Views 0 comment Print

In re M/s. Shree Construction (GST AAAR Maharashtra) The Advance Ruling Authority upheld the order passed by the Advance Ruling Authority, by observing that the any works contract pertaining to the railways, carried out by the main contractor or its sub-contractors are eligible for the concessional rate of 12% GST in terms of the provisions […]

GST payable on hostel services provided by Trusts to students

December 29, 2018 10713 Views 1 comment Print

In re Students’ Welfare Association (GST AAR Maharashtra) Question -1(a). Whether hostel accommodation provided by Trusts to students is covered within the definition of Charitable Activities and thus, exempt under SI. No. 1 of notification No.12/2017-CT (Rate)? Question -1(b). Whether the supply of residential or lodging services @ Rs. 22,250/- per annum is covered by […]

Aluminium Alloys cannot be supplied under Govt. Notification no. 47/2017

December 29, 2018 1125 Views 0 comment Print

From a perusal of the said certificate, we find from that recipient is a public funded institution and Notification No. 47/2017 is applicable in respect of supplies made to them but only goods specified in the column no. (3) of the table in the Notification are liable for concessional rate of tax @ 5%. Thus goods other than those mentioned in the said Notification are not to be liable for concessional rate of 5% tax, except the goods having originally been held as a 5% in the schedule entries.

GST is not applicable on interest free security deposit

December 29, 2018 26331 Views 0 comment Print

In re E-Square Leisure Pvt Ltd. (GST AAR Maharashtra) IN this case applicant, for leasing of commercial property has, in addition to rent, also collected interest free deposit from their lessee which is returnable on the completion of the tenure of the lease. Since the entire amount is to be returned back to their lessee, […]

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