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AAR Maharashtra

AAAR Maharashtra directs AAR to pass ruling on Merits

May 15, 2022 729 Views 0 comment Print

In re Royal Carbon Black Private Limited (GST AAAR Maharashtra) AAAR have also examined the impugned Advance Ruling passed by the MAAR, wherein the MAAR has refrained from passing the advance ruling in the matter citing the reason that the Appellant has not provided the details regarding the chemical composition of the impugned product, i.e., […]

GST on Composite Supply of hospital construction works for Govt Entity

May 6, 2022 2361 Views 0 comment Print

 In re KPC Projects Ltd. (GST AAR Maharashtra) From the submissions made by the applicant, we find that in the instant case there is Composite supply of works contract provided to UPRNN, a Government Entity by way of construction of a clinical establishment i.e. a hospital.  However we also find that, the above mentioned Rate […]

GST on Composite supply of Residential construction works for Govt Entity

May 6, 2022 1977 Views 0 comment Print

In re KPC Projects Ltd. (GST AAR Maharashtra) In the instant case there is Composite supply of works contract provided to UPRNN, a Government Entity by way of construction of a Residential Quarters meant for the use of the employees of ESIC and therefore, it can be said that the supply is in respect of […]

GST on Royalty, MMDR, DMF Fund & Reserve Price paid directly to Government

May 6, 2022 2322 Views 0 comment Print

In re Baranj Coal Mines Private Limited (GST AAR Maharashtra) In the subject case, we find that the applicant (supplier of service) and KPCL (recipient of service) are not related persons and price is the sole consideration for the supply. Further, from Article 6.1.3 and Article 29.1.2 of the Mining Agreement it is clear that […]

AAR Maharashtra allows Karve Institute of Social Service to withdraw application

May 6, 2022 480 Views 0 comment Print

In re Karve Institute of Social Service (GST AAR Maharashtra) The applicant has submitted a letter dated 28.04.2022 and requested that they may be allowed to voluntarily withdraw their subject application filed on 01.09.2021. The request of the applicant to withdraw their application voluntarily and unconditionally is hereby allowed, without going into the merits or […]

AAR cannot give ruling based on incomplete & inconclusive documents submitted by applicant

April 30, 2022 717 Views 0 comment Print

In re CLR Skills Training Foundation (Beeup Skills Foundation) (GST AAR Maharashtra) AAR find that, both the Agreements attached by the applicant as ‘Specimen Copies” in respect of the subject application do not provide a clear picture of the actual facts in respect of the present matter before us and we therefore, cannot answer the […]

AAR cannot give ruling on supply supposed to have been completed

April 30, 2022 555 Views 0 comment Print

In Re Aryan Contractor Pvt Ltd (GST AAR Maharashtra) The questions for obtaining an Advance Ruling can be asked by a supplier of goods or services or both, only in relation to the supply being undertaken or proposed to be undertaken and not in relation to any supply of goods or services or both which […]

Applicant is an intermediary if acts as a conduit between a Company & its customers

April 30, 2022 1677 Views 0 comment Print

AAR held that assessee providing marketing services to a foreign company and acting as a conduit between a foreign company and its Indian customers to be considered as intermediary.

Only a supplier can file an application for advance ruling: AAR Maharashtra

April 24, 2022 765 Views 0 comment Print

Since provisions of Sec 95 (a) are very clear and unambiguous that only a supplier can file an application for advance ruling, the contentions of the applicant are not accepted. The said provisions were discussed with the applicant’s authorized representative during the course of the final hearing and he agreed that the questions are not maintainable and not capable of being covered under Scope of section 95(a) of GST Act.

Transfer of business by way of merger of two GST registrations amounts to Supply

April 24, 2022 3297 Views 0 comment Print

In re Crystal Crop Protection Limited (GST AAR Maharashtra) Question 1: – Whether the transaction of transfer of business by way of merger of two GST registrations/ distinct persons would constitute ‘supply’ under the GST law? Answer: – Answered in the affirmative. Question 2: – Whether the transaction of transfer of business by way of merger of two […]

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