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AAR Tamilnadu

No GST on Supply of desalinated water for distribution as safe drinking water to public

January 31, 2022 3453 Views 0 comment Print

In re Chennai Water Desalination Limited (GST AAR Tamilnadu) 1. Supply of desalinated water by the applicant to CMWSSB for distribution as safe drinking water to public falls under the entry at SI.No.99 of notification No. 2/2017-Central Tax (Rate), dated 28-6-2017 and attracts ‘NIL’ rate of GST. 2. Transaction of supply of safe drinking water […]

Advance ruling cannot be extended for supply already taken place

January 31, 2022 2664 Views 0 comment Print

In re Rotary District 3231 (GST AAR Tamilnadu) To sum up, the membership fees collected by the applicant from their Members is subject to tax as per Section 7 (1) (aa) of the GST Act as the activities rendered by the applicant to their Members is a supply to its constituents/members and they have to […]

AAAR upheld AAR Ruling on GST Rate on Dosai/Idli/Tiffin/Health/Porridge Mixes & HSN code

January 13, 2022 2862 Views 0 comment Print

The appellant stated that they are manufacturing and selling the mixture of flour of grains/cereals, pulses mixed with spices and condiments, that their products are mainly used for preparing Indian Dishes like Idly Mixes, Dosai Mixes, Tiffen Mixes (Adai Mavoo, Millet Adai Mix, Uzhunthakali Mavoo, Ready Idiyappam, Bajji Mix), Health Mixes and Porridge Mixes.

18% GST applicable on Electronic Toys as against 12% on other Toys

January 13, 2022 3480 Views 0 comment Print

In re Navbharat Imports (GST AAAR Tamilnadu) The appellants stated that they are regular importers and traders of toys from various countries, that they sell these goods in India, in retail as well as through E-Commerce platforms. They added that they also intend to manufacture these toys in India in future, that the toys proposed […]

GST not leviable on handling charges of PDS distribution of Dhothies & Sarees/ School Uniforms to state government

December 30, 2021 2397 Views 0 comment Print

In re Handloom Weavers Cooperative Society Ltd. (GST AAR Tamilnadu) GST not leviable on handling charges of PDS distribution of Dhothies & Sarees/ School Uniforms to state government The AAR, Tamilnadu in the matter of M/S. Handloom Weavers Cooperative Society Ltd. [Advance Ruling No. TN/47/ARA/2021 dated December 30, 2021] held that, the services rendered by […]

GST on marine engines pertaining to HS code 8407 and its spare parts

December 30, 2021 5496 Views 0 comment Print

Applicability of GST rate 5% on marine engines pertaining to HS code without considering its general tax rate as per the entry of Schedule I, SI. No.252 of GST Act dated 28.06.2017, being this engine forms a part of boats of HS code 8906 being supplied to defence department and Naval base, Cochin is available to the applicant when such engines are fit in vessels used for patrolling/flood relief and rescue purposes. Applicability of GST rate at 5% under SI.no.252 cited above is not available for spare parts of marine engines.

Fusible Interlining Fabrics of Cotton (FIFC) is classifiable under CTH 5903

December 29, 2021 2463 Views 0 comment Print

In re Mahaveer Shantilal Bafna (Proprietor M/s. Ram Traders) (GST AAR Tamilnadu) Whether Fusible Interlining Fabrics of Cotton (FIFC) fall for classification under HSN Code 5903 or under Chapter 52 (heading depending upon weightage of cotton in the fabrics) AAR hold that the Fusible Interlining Fabrics of Cotton (FIFC) fall under CTH 5903 for the […]

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

December 28, 2021 1029 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 21885 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 3405 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).

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