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AAR Tamilnadu

GST on execution of works contract services for Nuclear Power Project

March 22, 2022 1173 Views 0 comment Print

In re SOM VCL(JV) (GST AAR Tamil Nadu) Q1. Whether the execution of works contract service at Kudankulam Nuclear Power Project would be covered under S.No vi (or) vii of Notification No.24/2017 dated 21.09.2017 attracting GST@12% or 18% A1. The execution of works contract service for construction of residential quarters to the employees of Kudankulam […]

Advance ruling application cannot be admitted on questions already pending or decided

March 22, 2022 963 Views 0 comment Print

In re Vaighai Agro Products Limited (GST AAR Tamil Nadu) As per Section 98(2) of the CGST Act, 2017, any application for advance ruling involving questions already pending or decided in any proceedings in the case of the applicant under any of the provisions of this Act shall not be admitted. In the applicant case, […]

No explicit prohibition on withdrawal of Appeal filed with AAAR

March 9, 2022 1152 Views 0 comment Print

In re Rasi Nutri Foods (GST AAAR Tamilnadu) In the case at hand, when an opportunity of being heard was extended to the appellant, they sought withdrawal of appeal. The appellant, in this regard, has relied on the decisions of the Hon’ble Supreme Court in the case of Rajendra Prasad Gupta Vs Prakash Chandra Mishra […]

AAAR members differs on Allowability of ITC on setting up refrigerated storage tank & Fire Water reservoir

March 7, 2022 6582 Views 0 comment Print

In re SHV Energy Private Limited (GST AAAR Tamilnadu) Issues 1. Whether the appellant is eligible for availment of input tax credit of GST paid on goods and services for laying of transfer pipeline and the foundation and structural support for such pipeline which is intended for Unloading propane/Butane from the vessel/Jetty to the Terminal? […]

Comfort patch classifiable under HSN 3005- GST Rate 12%

February 28, 2022 4119 Views 0 comment Print

In re Lagom Labs Private Limited (GST AAR Tamilnadu) Q. Whether the Cramp comfort patch are to be classified under Chapter Heading 3004 attracting 12% GST under serial no. 63 or Chapter Heading 3005 attracting 12% GST under serial no. 64 in Schedule II of Notification 01/2017 – Central Tax (Rate) dated 28 June 2017 […]

GST not leviable on supply incurred during warranty period, free of cost

February 28, 2022 2637 Views 0 comment Print

Q2. Whether GST leviable on supply of materials and labour charges incurred during the warranty period, free of cost? A2. Supply of materials and labour while rendering warranty services during the warranty period, free of cost, does not attract GST

Multiple GST registrations for multiple companies from same address: AAR rejects application

February 28, 2022 24471 Views 0 comment Print

In re Spacelance Office Solutions Private Limited (GST AAR Tamilnadu) Can GST registrations be allowed for multiple companies from same address, provided they follow all GST rules related to ‘Principle Place of Business’? An applicant can seek an Advance Ruling only in relation to supply of goods or services or both undertaken or proposed to […]

Only supplier is eligible to seek advance ruling under GST

February 28, 2022 2070 Views 0 comment Print

In re A. Nirmala (GST AAR Tamilnadu) AAAR held that if a recipient obtains a ruling on the value to be adopted of his inward supply of goods or services, the supplier of such goods or services is not bound by that ruling and he is free to assess the supply according to his own […]

No ITC on gifts or rewards given without consideration

February 23, 2022 14214 Views 0 comment Print

In re GRB Dairy Foods Pvt. Ltd (GST AAAR Tamilnadu) As per the provisions of the CGST Act/TNGST Act 2017 more precisely, Section 17(5) of the Act, the gifts or rewards given without consideration even though they were given for sales promotion do not qualify as inputs for the purposes of Credit, since no GST […]

GST exempt on accommodation service for residential or lodging purpose if per day tariff is below Rs. 1000

February 11, 2022 7392 Views 0 comment Print

In re Healersark Resources Private Limited (GST AAAR Tamilnadu) In the case at hand, the applicant has entered into lease agreements with third party service providers and in one such agreement entered into with AMET University( Academy of Maritime Education and Training) available on record, it is seen that the applicant has entered into the […]

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