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AAR Punjab

Shifting of Transmission Lines for NHAI classified under Service Head 998631, 18% GST

July 18, 2023 1527 Views 0 comment Print

Transmission Line shifting for NHAI classified under Service Head 998631, attracts 18% GST (CGST 9% + SGST 9%). GST is levied on the transaction value as per Section 15 of CGST Act, 2017.

GST under RCM when raw cotton is supplied by a farmer via a Kacha Arhtiya

March 20, 2023 9243 Views 0 comment Print

GST AAAR Punjab has delivered a landmark ruling on Bansal Industries, examining the applicability and interpretation of the Notification no. 43/2017-Central Tax (Rate). This judgement sheds light on the contentious issue of who bears the responsibility of tax payment under the Reverse Charge Mechanism (RCM) when raw cotton is supplied by a farmer via a Kacha Arhtiya.

Appellate authority can remand back the appeal to AAR: AAAR

March 20, 2023 1824 Views 0 comment Print

In re Punjab State Corporation Power Limited (GST AAAR Punjab) The appeal raised a question of the admissibility of Input Tax Credit (ITC), indicating a possible misinterpretation of clauses under subsection (2) of Section 97 of the CGST Act, 2017. The contention lies in whether the application was evaluated under the correct clause, considering the […]

GST on building and fabricating of Tipper Body and mounting

March 2, 2023 3312 Views 0 comment Print

In re Pushkar RJ Singh – Raj Agro AIDS (GST AAR Punjab) a) The activity of building and fabricating of Tipper Body and mounting the same by the applicant and collecting fabrication charges including inputs required for such fabrication work, if the chassis is owned and supplied by the customer, will result in supply of […]

ITC not eligible even if preceding seller not discharged its GST liability

March 2, 2023 18675 Views 0 comment Print

As per provisions of Section 16(2)(c) of CGST Act read with PGST Act, the purchaser is not entitled to claim Input Tax Credit on the purchases made by it from the seller who had discharged its tax liability but the preceding seller has not discharged its liability under the Act

Roof Mounted Air-Conditioning unit classifiable under HSN 8415: AAAR Punjab

February 21, 2023 1362 Views 0 comment Print

In re Ess Ess Kay Engineering Company Pvt (GST AAAR Punjab) Appellate Authority uphold the order AAR/GST/PB/016 dated 16th of August, 2022 issued by the Authority for Advance Ruling, Punjab and the appeal filed by the appellant M/s ESS ESS KAY ENGINEERING COMPANY PVT LTD. The appellant has conveniently overlooked the basic nature of the […]

GST on ‘coal rejects’ whose invoice is raised upon washery/job-worker

October 21, 2022 2556 Views 0 comment Print

In re Punjab State Power Corporation Limited (GST AAR Punjab) (i) Whether the ‘coal rejects’ whose invoice is raised by Applicant upon washery/job-worker, is taxable under GST Act and Compensation Cess Act in the hands of Applicant? Yes, Coal rejects are to be classified under HSN 2701 and are taxable at 5% GST Rate Rs. […]

GST on GTA services in respect of Cotton seeds (Banaula)

October 19, 2022 2154 Views 0 comment Print

Are Cotton Seeds Banaula included in the list of agricultural produce for exemption GTA service under Notification No.12/2017 dated 28 June, 2017 Tariff heading 9965/996712?

Advance ruling cannot be given if application Fees not paid in full

October 19, 2022 1137 Views 0 comment Print

In re Bhawani Founders & Engg Works (GST AAR Punjab) 1. What is the classification and rate of Goods and Services Tax for Chaff Cutter Machine, which is used in cutting of chaff, hay and agriculture produce for fodder of live stocks? 2. What is the classification and rate of Goods and Services Tax for […]

No ruling on Advance Ruling application if requisite fees not paid

October 19, 2022 759 Views 0 comment Print

In re Kaka Ram Hari Chand (GST AAR Punjab) Applicability of Notification No. 12/2017-Central Tax (Rates) dt. 28.06.2017 issued under section 11(1) of the CGST Act, 2017 which exempts the tax on GTA services in relation to ‘agriculture produce’, vide entry No. 21(a) in the table appended to the said Notification read with definition of […]

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