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AAR Maharashtra

GST is not applicable on the sale or purchase of DFIA

February 13, 2019 73209 Views 1 comment Print

In re Space age syntex Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling set aside  the ruling given by the Advance Ruling Authority by observing  that No GST is applicable on the sale or purchase of DFIA,  as provided in Sr. 122A of the Notification 02/2017-C.T. (Rate) dated 28.06.2017 as amended by […]

Marine paints cannot be considered as Part of Ship: AAAR Maharashtra

February 5, 2019 1008 Views 0 comment Print

In re Jotun India Pvt. Ltd. (AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld the ruling given by the Advance Ruling Authority by observing that marine paints manufacture by the appellant will not be covered under Sl. No. 252 of Schedule I of the Notification No. 1/2017-C.T.(Rate) dated 28.06.2017 as the same can not […]

No GST exemption to IMS Proschool on services not in relation to NSDC programme

February 4, 2019 3054 Views 0 comment Print

In re IMS Proschool Pvt. Ltd. (GST AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld  the ruling given by the Advance Ruling Authority by observing  that since they are not providing any services in relation to the NSDC programme implemented by the NSDC, they are not eligible for the  exemption provided in the entry […]

Reactor ensuring disinfection of water comes under HSN 8421 21 90

February 4, 2019 1146 Views 0 comment Print

In re Taraltec Solutions Pvt. Ltd (AAAR Maharashtra) It is evident that the impugned product manufactured by the Appellant does not merit classification under the sub-heading 8413 91- as “Hand Pumps and parts thereof” as contended by the Appellant. We hold that the same is classifiable, in line with the contention made by the Jurisdictional […]

No Advance Ruling in absence of supply of goods or services or both by applicant

January 29, 2019 1014 Views 0 comment Print

In re Technip UK Limited (GST AAR Maharastra) From a perusal of the provisions relating to Advance Ruling, it is seen that Advance Ruling means a decision provided by this authority to an applicant on specified questions and matters in relation to the supply of goods or services or both or being undertaken or proposed […]

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

January 23, 2019 2487 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 1122 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 2139 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 16026 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 20007 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% […]

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