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AAR Maharashtra

No ITC on expense of Gift items given as brand reminders

April 24, 2019 9516 Views 0 comment Print

In re Sanofi India Limited (GST AAR Maharashtra) Whether input tax credit is available of the GST paid on expenses incurred towards promotional schemes of Shubh Labh Loyalty Program? if we accept the contention of the applicant that the promotional items are supplied as a contractual obligation e.g. watch is given under the contractual obligation […]

Intent or objective of any club or association immaterial for leviability of GST

April 23, 2019 1611 Views 0 comment Print

Accordingly, it is believed that under the GST Law, the intent or objective of any club or association is immaterial in so far as the leviability of GST is concerned. Therefore, provision by club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members will surely attract GST irrespective of the fact that such club is not set up with the objective of providing any goods or service to its members.

Separate GST registration not required for godowns in different states

April 15, 2019 70218 Views 0 comment Print

In re Gandhar Oil Refinery (India) Limited (GST AAR Maharashtra) Question 1:- Whether the applicant requires registration in each State separately? Answer :- In the present case as mentioned above the place of supply is the location of the importer who is situated in the State of Maharashtra and hence the applicant will be clearing […]

GST on Land Lease by way of Transfer by CIDCO to Municipal Corporations

April 13, 2019 10623 Views 0 comment Print

In re City And Industrial Development Corporation of Maharashtra Limited (GST AAR Maharashtra) Question (1) Whether the supply of services by the applicant, of ‘transfer by way of lease’ of vacant plots of ‘Maharashtra State Government owned lands’ or ‘privately owned lands acquired under the Land Acquisition Act, 1894 by the Maharashtra State Government’ vested […]

AAAR / AAR have No jurisdiction to consider admissibility of service tax /VAT credit

April 11, 2019 1356 Views 0 comment Print

In re Kolte Patil Developers Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld the ruling given by the Advance Ruling Authority by observing  that  since the Appellant has raised questions on the admissibility of the credit of the service tax and VAT paid under the pre-GST regime, it is held that neither […]

GST Registration compulsory for those liable to pay GST under RCM

April 10, 2019 27552 Views 0 comment Print

In re Jalaram Feeds (GST AAR Maharashtra) Applicant has stated that they require services of Goods Transport Agency like any other business. Applicant being a recipient of supply is liable to pay tax under reverse charge basis and as per Section 9(4) of the Act, all the provisions of this act shall apply to such […]

AAAR do not have jurisdiction to decide place of supply of service

April 10, 2019 2148 Views 0 comment Print

In re Sabre Travel Network India Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling  held that the entire gamut of activities of the Appellant is in the nature of the composite supply, of which intermediary services is the principal supply. Further, as regards the services provided by the Appellant to their Client, […]

Job work services for manufacturing beer attracts 18% GST

April 9, 2019 4827 Views 0 comment Print

In re Crown Beers India Private Limited (GST AAAR Maharashtra) It is worth noting here that in erstwhile Service Tax regime also, the said activities of CBUs of manufacturing alcoholic liquor on behalf of Brand Owners (BOs) against a consideration, were subjected to Service Tax and this was clarified also by CBIC (earlier CBEC) vide […]

GST Rate on operating gaming zone in malls

April 8, 2019 15303 Views 0 comment Print

In re Bandai Namco India private Limited (GST AAR Maharashtra) Question: – Applicable GST Rate on operating gaming zone in one of leading malls in Mumbai? Applicant submitted that they are engaged in providing amusement facility services and also running family entertainment facility center in Oberoi mail Mumbai. To conduct the business as aforesaid it […]

AAR cannot deal with ITC of service tax or VAT paid under erstwhile laws

April 8, 2019 942 Views 0 comment Print

In re Bauli India Bakes and Sweets Private Limited (GST AAR Maharashtra) From the collective readings of provisions viz. – Clause (63) and (62) of Section 2 of the CGST Act that, the question enumerated at (d) of Section 97(2), supra does not deal with the admissibility of the credit of taxes paid other than […]

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