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AAR Tamilnadu

GST Exemption provided to main contractors cannot be extended to subcontractors unless specifically provided

March 5, 2021 2250 Views 0 comment Print

In re Sumeet Facilities Limited (GST AAAR Tamilnadu) The case laws and arguments pertaining to Service Tax law are specific to that law as there were provisions catering specifically to subcontractors whereas in GST the provisions are very restricted. Exemption benefit are not available to sub-contractors ex facie since those entries under 12/2017 specific to […]

GST: Supplier as recipient of inward supplies only eligible to seek advance ruling

March 5, 2021 822 Views 0 comment Print

In re Erode Infrastructures Private Limited (GST AAAR Tamilnadu) The appellant has mainly harped on the wordings of Section 97(2)(d) of the GST Act, on the ground that since admissibility of ITC paid or deemed to have been paid can be sought as a question for obtaining advance ruling, in as much as that unless […]

Dismissal of AAR application for pendency of Appeal with HC valid: AAAR

March 5, 2021 984 Views 0 comment Print

In re Tvl. Padmavathi Hospitality & Facilities Management Service (GST AAAR Tamilnadu) The Order of the Advance Ruling Authority was right, since at the material time there was a petition filed by the appellant, pending before the Hon’ble High Court in this matter. Therefore, there is no need to interfere with the order of the […]

Rights granted for shared access of pathway is classifiable under SAC 999794

March 4, 2021 3720 Views 0 comment Print

In re Chennai Metro Rail Ltd. (GST AAAR Tamilnadu) In this case entire land had been acquired by the appellant and the same had been acquired for business purposes only. The appellant after acquisition of the land had granted shared- access to the pathway with no grant of right of occupation and possession and the […]

Wet-leasing classifiable under SAC 9973 Leasing or rental services with or without operator

March 4, 2021 3840 Views 0 comment Print

The activity of wet-leasing is squarely classifiable under SAC 9973 Leasing or rental services with or without operator as held by the LA and we uphold the same. Therefore the benefit of entry at 3(v)(a) of Notification No. 11/2017-C.T.(Rate) dated 28.06.2017 is not applicable in respect of Wet-Leasing of the M&Ps.

GST Payable on Cheque Bouncing Charges, Interest on receivable on delayed payments, Connection/ Reconnection/ Disconnection/ Charges

February 26, 2021 1413 Views 0 comment Print

In re New Tirupur Area Development Corporation Limited (GST AAR Tamilnadu) a. The applicant not being the class of persons specified in Notification No. 14/2017-C.T.(Rate) dated 28.06.2017 as amended, they are not eligible for the said Notification as discussed in Para 10.2 above. b. The activity of Sewage offtake and treatment extended to Tirupur Municipal […]

Service Recipient not eligible to obtain GST Advance Ruling

February 26, 2021 489 Views 0 comment Print

In re Chennai Metropolitan Water Supply and Sewerage Board (GST AAR Tamil Nadu) t is seen that the applicant seeks ruling as to whether the services received by them are Pure Services to avail exemption under Sl.No. 3 of Notification No. 12 /2017-C.T.(Rate) dated 28.06.2017. The admissibility of the application was examined during the hearing […]

GST AAR application submitted by Service recipient not liable for admission

February 26, 2021 612 Views 0 comment Print

In re Chennai Metropolitan Water Supply and Sewerage Board (GST AAR Tamil Nadu) 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 binding only on the […]

Tamilnadu Skill Development Corporation liable to Register under GST

February 25, 2021 2055 Views 1 comment Print

In re Tamilnadu Skill Development Corporation (GST AAR Tamil Nadu) Tamilnadu Skill Development Corporation is not exempted vide entry Sl.No. 69 and Sl.No.70 of Notification No. 12/2017-C.T.(Rate) dated 28.06.2017 and therefore, they are required to be registered under the CGST/TNGST Act 2017. Read AAAR Order: AAAR cannot examine ground not raised before AAR FULL TEXT OF […]

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

February 24, 2021 2655 Views 0 comment Print

In re SI Air Springs Private Limited (GST AAR Taminadu) Whether ‘Air Springs’ manufactured and supplied by the applicant will be correctly classifiable under Tariff heading 40169990 as opposed to Tariff heading 8708 9900 and attract GST at the rate of 18%? In the case at hand, it is true that the products are for […]

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