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AAR Maharashtra

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

April 13, 2019 10797 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 1395 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 27621 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 2226 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 4866 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 15459 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 1023 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 […]

AAAR have no jurisdiction to determine place of supply of services or goods or both

April 3, 2019 1770 Views 0 comment Print

in order to determine which levy, whether CGST and SGST, or IGST will be imposed on the said supply of photography services of the Appellant, we will have to determine the place of supply. Then only, we can determine the nature of levy, whether CGST and SGST or IGST, which will be imposed on the said supply of service of the Appellant. Since, we do not have jurisdiction to determine the place of supply of services or goods or both

GST on composite works contract supply for construction service to prospective lessee

April 2, 2019 2295 Views 0 comment Print

In re M/s Nagpur Integrated Township Private Limited (GST AAR Maharashtra) We find that the applicant has in their application mentioned that ‘Applicant is developing the property by construction of Commercial & residential units and integrated facilities and is having exclusive rights to design, finance and develop the property and lease/assign/transfer same to prospective customers […]

Supply of goods or services for ‘setting up of network’ is Composite supply

March 28, 2019 5673 Views 0 comment Print

The supply of goods or services for ‘setting up of network’ would qualify as a Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017.

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