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AAR Rajasthan

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

December 10, 2021 1506 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 3516 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 2442 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 975 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 2625 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 474 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 426 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 […]

Advance ruling cannot be given on supply already undertaken

October 1, 2021 504 Views 0 comment Print

In re Vinayak Buildcon (GST AAR Rajasthan) As the question posed by the applicant is related to supplies undertaken by them prior to the date of filing of the application for advance ruling, no ruling can be given on the questions. Hence, the subject application for advance ruling made by the applicant is not maintainable […]

Services provided by the Club to its members is taxable under GST

September 27, 2021 2907 Views 0 comment Print

In re UMED Club (GST AAR Rajasthan) GST laws expanded the scope of ‘supply’ to tax supplies between the club/association and its members, to overcome the principle of mutuality. A retrospective amendment (w.e.f. July 1, 2017) has been made vide Finance Act, 2021 by inserting a new clause ‘(aa)’ after clause (a), in Section 7(1) […]

18% GST payable on setting up of a ‘Sulphate Removal Plant’

September 15, 2021 1347 Views 0 comment Print

In re Ion Exchange India Limited (GST AAR Rajasthan) AAR held that services provided under EPC contract awarded to the applicant by M/S Vedanta for setting up of a ‘Sulphate Removal Plant’ broadly ranging from designing, engineering, Surveys, procurement, fabrication, manufacturing, erection & installation, facilities construction, Pre commissioning & Commissioning, training etc. and satisfactory hand […]

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