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AAR Tamilnadu

ITC reversal on post purchase discount by supplier of goods or services

June 24, 2019 12036 Views 0 comment Print

In re MRF Limited (GST AAAR Tamilnadu) The order issued by the original authority for advance ruling is set aside. The appellant can avail Input tax credit of the full GST charged on the undiscounted supply invoice of goods/services by their suppliers. A proportionate reversal of the credit is not required to be done by […]

Full ITC not eligible if payments are netted off against receivables

June 21, 2019 5676 Views 0 comment Print

As per proviso to Section 16(2), the applicant will not be eligible for full input tax credit as they are not paying the full amount to their supplier SML HO as seen in the MOU where payments are netted off against receivables.

GST payable on whole Monthly Society maintenance charges payable if amount exceeds Rs. 7500 P.M.

June 21, 2019 2904 Views 2 comments Print

In re TVH Lumbini Square Owners Association (GST AAR Tamilnadu) If the monthly maintenance charges payable by a member of the association exceeds Rs.7500 per month, in the context of exemption as per S.No. 77 of Notification 12/2017 – Central tax (Rate) dated 28.06.2017 as amended by Notification 2/2018 – Central Tax (Rate) dated 25.01.2018, […]

‘Wet Wipes’ classifiable under 3307 90 90: AAR Tamilnadu

June 21, 2019 3174 Views 0 comment Print

In re K. Suresh (GST AAR Tamilnadu) Advance Ruling is required as to classification of wet wipes and rate of tax on the sales (supply) of the same 1. The product ‘Wet Wipes’ supplied by the applicant is classifiable under 3307 90 90 of the First Schedule to the Customs Tariff Act, 1975 2. The […]

Gear Motors classifiable under CTH 8501

May 22, 2019 1938 Views 0 comment Print

In re Rossi Gear motors India Private Limited (GST AAR Tamil Nadu) Q1. Whether the Geared Motor is to be classified under 8501 or under 8483 for the purpose of payment of GST? A1. The ‘Gear Motors’ supplied by the applicant are to be classified under CTH 8501. Q2. Whether the Geared Motor can be […]

E-way bill procedure & details to be filled in GSTR-1 are out of Purview of AAR

May 22, 2019 1614 Views 0 comment Print

Applicability of E-way bill procedure and details to be filled in GSTR-1 are not answered as the same are not in the purview of Advance Ruling as per Section 97 of the CGST/TNGST Act 2017.

AAR cannot decide on requirement of e-way bill for consignments pertaining to multiple invoices

May 21, 2019 3003 Views 0 comment Print

In re Tamil Nadu Edible Oils Private Limited (GST AAR Tamilnadu) Q. The Advance ruling sought is whether e-way bill is required for consignments pertaining to multiple invoices to multiple customers moved in the same conveyance, in which value of each invoice is less than the limits for generation of e-way bill but in aggregate, […]

Applicant dropped proposed business model- AAR allows withdrawal of Application

May 21, 2019 522 Views 0 comment Print

In re M/s. Foxteq Services India Private Limited (GST AAR Tamilnadu) The Applicant did not furnish the documents undertook to be submitted. However, the applicant was extended an opportunity to be heard finally on 05.2019. The Authorised representatives of the applicant appeared and submitted a written letter dated 20.05.2019, requesting withdrawal of the application for […]

GST on profit sharing agreement between employee and shareholders

May 21, 2019 9123 Views 0 comment Print

In re Venkatasamy Jagganathan (GST AAR Tamil Nadu) Will the profit sharing agreement between the applicant as an employee and the shareholders, attract GST in his hands? The Profit Sharing Agreement between the applicant ad various shareholders of SHA is an actionable claim and is as neither a supply of goods nor a supply of […]

Semi-stitched Salwar/Churidar are taxable as garments at 5% / 12%

May 13, 2019 5559 Views 1 comment Print

Semi-stitched Salwar/Churidar are liable to GST @ 5% [CGST-2.5% and SGST-2.5%], if the Sale Value is less than Rs. 1000/- per piece and @ 12% [CGST-6% and SGST-6%], if the sale value is more than Rs. 1000/- per piece.

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