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AAR Tamilnadu

In absence of proper details & substantiating documentary evidences advance ruling cannot be given

December 28, 2021 711 Views 0 comment Print

In re Chep India Private Limited (GST AAR Tamilnadu) It is observed that the business model proposed is in the stage of contemplation and has not attained finality with respect to merger, disposition of the assets and the following supply, in as much as the applicant could not provide any finalized document such as MOU […]

ITC of GST restricted U/s. 17(5)(d) cannot be utilised

December 2, 2021 19524 Views 0 comment Print

In re INOX Air Products Pvt. Ltd. (GST AAAR Tamilnadu) The final issue to be seen is that whether the entire manufacturing plant is to be construed as a ‘Plant and machinery’. As discussed in para supra, the Act do not define the terms ‘Plant’, ‘Machinery’, though the provision under Section 17(3) (d) says,- ‘goods […]

No GST on Rent for locker provided in bus stand by Municipal Corporation

December 1, 2021 2739 Views 0 comment Print

(Rent for locker provided in bus stand by the appellant) it is held to be an activity undertaken by the Municipality as a function entrusted under 243W of the Constitution and the service of rent or fee collection for such a facility is neither a Supply of Goods nor a supply of Service as per Notification No. 14/2017-CT (Rate).

ITC of GST paid on Motor cars of seating capacity not exceeding 13

November 30, 2021 10545 Views 0 comment Print

In re New Pandian Travels Private Limited (GST AAR Tamilnadu) 1. Whether the GST paid on the Motor cars of seating capacity not exceeding 13 (including Driver) leased or rented to customers will be available to it as INPUT TAX CREDIT (ITC) in terms of Section 17(5)(a)(A) of Central Goods and Service Tax Act, 2017? […]

Advance Ruling cannot be given on questions relating to TCS

November 30, 2021 1044 Views 0 comment Print

The ambit of Advance Ruling do not provide for answering the questions raised on provisions relating to ‘Tax Collected at Source’ provided under Section 52 of the Act.

Applicant cannot seek Advance ruling for supply already made

November 30, 2021 840 Views 0 comment Print

AAR held that Applicant cannot seek Advance ruling under GST for supply already made or for Ongoing Supply and for supply undertaken by Merchant Exporter.

12% GST payable on supply of Stator Coil for use in WOEG

November 30, 2021 1062 Views 0 comment Print

In re Coral Coil India Private Limited (GST AAR Tamilnadu) Whether the supply of Stator Coil by the Applicant to M/s. Coral Manufacturing Works India Private Ltd., will be eligible for the levy of 2.5% CGST in terms of Sl. No. 234 in the notification 1-CTR dated 28 June 2017 and 2.5% SGST in terms […]

GST on manufacture & supply of Fortified Rice Kernels to TNCSC

October 21, 2021 5856 Views 0 comment Print

In re Rasi Nutri Foods (GST AAR Tamilnadu) Concessional GST rates not applicable to activity of manufacture and supply of fortified rice kernels till Sep 30, 2021 In Rasi Nutri Foods [Order No. 39 AAR/2021 dated October 21, 2021] Authority for Advance Ruling, Karnataka (KAAR) held that Notification No.39/2017 CT(R) dated 18.10.2017  (Concessional Rate Notification) […]

Advance Ruling application submitted by recipient of services not admissible

October 21, 2021 846 Views 0 comment Print

In re Tamilnadu Polymer Industries Park Limited (GST AAR Tamilnadu) From the above, it is evident that an applicant can seek an Advance Ruling only in relation to supply of goods or services or both undertaken or proposed to be undertaken by them. Further, as per Section 103(1) of the GST Act, the ruling is […]

AAR referred case to AAAR In view of difference in opinions of Members

October 21, 2021 1419 Views 0 comment Print

In re Healersark Resources Private Limited (GST AAR Tamilnadu) In view of the difference in the opinions of the Members as above, the case is referred to the Appellate Authority for hearing and decision on this issue in terms of Section 98(5) of the CGST/TNGST Act 2017, which provides that where the members of the […]

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