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AAR Tamilnadu

GST payable on transfer of leasehold rights

July 30, 2021 22518 Views 0 comment Print

In re India Pistons Limited (GST AAR Tamil Nadu) As to whether GST is payable on the transfer of leasehold rights in respect of the consideration of Rs. 15 Crores received by them from M/s. INOX Air products Private Limited for the land allotted by SIPCOT? Whether the Subsequent transfer of SIPCOTs allotted land from […]

INOX cannot utilise ITC of GST restricted under Section 17(5)(d) Charged by IPL

July 30, 2021 2643 Views 0 comment Print

In re INOX Air Products Pvt Ltd (GST AAR Tamilnadu) Whether INOX would be entitled to avail and utilize ITC of GST Charged by IPL if such transaction is considered to be a supply? In the case at hand, it is seen that INOX had paid ‘consideration’ to IPL, for agreeing to partwith their rights […]

GST exempt on sewerage treatment services provided to TCMC

June 30, 2021 3690 Views 0 comment Print

In re New Tirupur Area Development Corporation Limited (GST AAAR Tamilnadu) the main question raised by the appellant and also the point of reference made by the members of AAR is whether the water supplied by the appellant is exempted under si. No. 99 of  Notifn. No. 2/2017-CT(R) and its equivalent SGST notification published vide […]

‘Britannia Winkin’ Flavoured Milk classifiable under CTH 22029930

June 30, 2021 2130 Views 0 comment Print

In re Britannia Industries Limited (GST AAAR Tamilnadu) AAAR held that UHT Sterilized Flavoured Milk marketed under the brand name ‘Britannia Winkin’ Cow Thick Shake’ by the appellant is not classifiable under the Tariff heading ‘0402 /0404″ but classifiable under CTH 22029930 as held by the Lower Authority. FULL TEXT OF THE ORDER OF AUTHORITY […]

No GST exemption on Drilling of Borewells for supply of water for agricultural operations

June 30, 2021 2676 Views 0 comment Print

In re Tvl. Aravind Drillers (GST AAAR Tamilnadu) Essentially, the moot point is whether the bore well drilling activity undertaken by the appellant on agricultural lands is qualified for the entry no. 54 of notfn. No. 12/2017-CGST(R). It is noted that the appellant while undertaking the borewell drilling activity for industries etc., (other than on […]

GST on Drilling of Borewells for supply of water for agricultural operations

June 30, 2021 27462 Views 0 comment Print

In re Tvl. Vallalar Borewells (GST AAAR Tamilnadu) Essentially, the moot point is whether the bore well drilling activity undertaken by the appellant on agricultural lands is qualified for the entry no. 54 of notfn. No. 12/2017-CGST(R). It is noted that the appellant while undertaking the borewell drilling activity for industries etc., (other than on […]

Motor Car Air Springs (shock absorber) classifiable under CTH 8708: AAAR

June 29, 2021 1593 Views 0 comment Print

In re SI AIR Springs Private Limited (GST AAAR Tamilnadu) In the case at hand, the product is not a joint, washer or the like, it is an ‘Air bellow’, a specifically designed part for use in the Motor Vehicle as a Shock absorbent and therefore, even if the part which gives the essential character […]

GST Rate on Dosai/Idli/Tiffin/Health/Porridge Mixes & HSN code

June 18, 2021 15510 Views 0 comment Print

In re Raja Rasesh (Krishna Bhavan Foods and Sweets) (GST AAR Tamilnadu) The classification of the products is CTH 2106 and the applicable rate of tax is 9% CGST as per entry no.23 of Schedule-III of Notification No. 1/2017-C.T.(Rate) dated 28.06.2017 and 9% SGST as per entry no. 23 of Schedule-Ill of Notification No. 11(2)/CTR/532(d-4)/2017 […]

De-mineralized water for Industrial use is classifiable under CTH 2201

June 18, 2021 1287 Views 0 comment Print

In re Kasipalayam Common Effluent Treatment Plant Private Limited (GST AAR Tamilnadu) 1. In the proposed Modus of purchase of ‘Raw effluent’, treat it on own account and supply the outputs at market rates, the classification of supply of outputs as sale of goods is correct. 2. The classification of Water recovered, which is de-mineralized […]

NITT, Tiruchirappalli is a Government Entity under GST Law

June 18, 2021 1299 Views 0 comment Print

In re National Institute of Technology (GST AAR Tamilnadu) 1. The National Institute of Technology, Tiruchirappalli (NITT) is a Government Entity under GST Law. 2.1 The applicant is liable to deduct tax at source (TDS) under Section 51 of the CGST Act, 2017 read with Notification No. 50/2018-C.T dt. 13.09.2018. 2.2. The applicant is required […]

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