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AAR Rajasthan

GST benefit not available to ‘Sunha Darshan Museum’ run by a business entity

December 15, 2021 1590 Views 0 comment Print

In re Vakao Theme Park LLP (GST AAR Rajasthan) we find that premises claimed by the applicant as ‘museum’ is founded and developed by a Limited Liability Partnership (LLP) firm namely M/s Vakao Theme parks LLP which is a business entity. The Main Business Activity of Vakao Theme Park LLP is Recreational, cultural and sporting […]

GST on road cutting charges paid to JNN on behalf of Jaipur Smart City Limited

December 15, 2021 4425 Views 0 comment Print

Whether the Applicant is liable to pay GST under RCM in respect of road cutting charges paid by them to Jaipur Nagar Nigam (JNN) on behalf of M/s. Jaipur Smart City Limited in relation to such contract?

RUDSOCO is not Government Authority & not eligible for GST exemption

December 14, 2021 1311 Views 0 comment Print

In re Consulting Engineers Groups (GST AAAR Rajasthan) It was held that holding of equity control of RUDSICO by JDA and Rajasthan Housing Board cannot be treated as holding of equity control by Government; therefore, RUDSOCO is not Government Authority. Appellant is not eligible for exemption under entry No. 3 of  notification no. 12/2017 Central […]

To calculate margin, purchase cost should be treated as purchase price: AAAR

December 10, 2021 1830 Views 0 comment Print

In re Tej Kumar Jain (GST AAAR Rajasthan) It was held that  notification No, 08/2018-Central Tax (Rate) dated 12.01.2018 clearly used word Purchase price ,  only price paid at the time of purchase can be considered as purchase price to calculate margin. The appellant’s main thrust is that to calculate margin, purchase cost should be […]

AAR explains GST on ‘Ancillary services’ provided by Builder

November 26, 2021 4386 Views 0 comment Print

In re Richwell Enterprises Private Limited (GST AAR Rajasthan) ‘Construction services’ and the ‘ancillary services’ provided by the applicant are not naturally bundled and are not supplied in conjunction with each other in the ordinary course of business with main supply. These are the facilities/amenities provided by the applicant to its customers for the limited […]

Unit of Accommodation is ‘Hostel Seat’ not Hostel Room – AAAR

October 27, 2021 2880 Views 0 comment Print

The word ‘per unit of accommodation’ should be understood as per general practice adopted by large number of service provider in similar business model. In hotels, generally it fixes per room, per suit whereas in hostels, inns and dharmshalas, it fixes per room, per bed, per seat and per person. From the facts mentioned by the appellant, it would emerge that they provides accommodation service in hostel and fix the tariff on the basis of hostel seat, therefore, we agreed the contention of appellant and finds that hostel seat should be considered as a unit of accommodation.

Education Services provided are supply if employee-employer relation not established

October 25, 2021 1353 Views 0 comment Print

In re Rahul Goyal (GST AAR Rajasthan) In the instant case, the applicant intends to provide Educational and Training Services to its service recipient i.e. M/s Mentors Eduserv on the basis of section 13 of the agreement dated 10.02.2020. on gone through the section 13 of the agreement, we find that there is no establishment […]

Distillers Wet Grain Solubles (DWGS) classifiable under GST Tariff item 2303

October 25, 2021 3570 Views 0 comment Print

In re Ads Agro Industries Private Limited (GST AAR Rajasthan) As per meaning provided in Wikipedia, the Brewing is the production of beer by steeping a starch source (commonly cereal grains, the most popular of which is barley/wheat) in water and fermenting the resulting sweet liquid with yeast. In the instant case, it is fact […]

AAR cannot give ruling on the basis of incomplete write up

October 25, 2021 675 Views 0 comment Print

We find that except write up provided by the applicant in respect of ‘the subject goods’, no other base is there to classify these goods. We further find that the write up provided by the applicant is incomplete and have no potential to prove ‘the subject goods’ as essential parts of Railway or locomotives or otherwise.

Advance ruling cannot be given if applicant fails to furnish documentary evidence

October 12, 2021 594 Views 0 comment Print

In re SKS Infra Projects (GST AAR Rajasthan) In the case at hand, the applicant had not furnished any documentary evidence to substantiate their proposed scope of work, mode of supply (i.e. whether supply of goods or service or both) in the form of any work Order, quantum of goods or service or both to […]

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