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AAR Tamilnadu

Time of supply of gift vouchers / gift cards under GST

March 30, 2021 6669 Views 0 comment Print

In re Kalyan Jewellers India Limited (GST AAAR Tamilnadu) The time of supply of the gift vouchers / gift cards by the applicant to the customers shall be the date of issue of such vouchers and the applicable rate of tax is that applicable to that of the goods. FULL TEXT OF ORDER OF APPELLATE […]

GST on composite Supply to Greater Chennai Corporation

March 30, 2021 2175 Views 0 comment Print

In re Unique Aqua Systems (GST AAR Tamilnadu) Whether the Services provided by the applicant to the recipient i.e The Greater Chennai Corporation is a pure service provided to the local authority by way of activity in relation to functions entrusted to a Panchayat under article 243G and Municipality under article 243W of the Constitution […]

GST on Retrofitting works for strengthening NPKRR Maaligai etc.

March 25, 2021 1488 Views 0 comment Print

In re PSK Engineering Construction & Co. (GST AAR Tamilnadu) 1. What is the rate of GST to be charged on providing works contract services to TANGEDCO for carrying out retrofitting work for strengthening the NPKRR Maaligai against seismic and wind effect and modification of elevation in TNEB headquarters building at Chennai?  The rate of […]

No GST on cold storage of tamarind inner pulp without shell & seeds

March 24, 2021 3081 Views 0 comment Print

In re Arun Cooling Home (GST AAR Tamilnadu) Whether the service of cold storage of tamarind inner pulp without shell and seeds are exempted under the purview of the definition of Agricultural produce vide Notification No.11/2017 and 12/2017 Central Tax(Rate) both dated 28.06.2017? The Tamarind inner pulp without shell and seeds is not an ‘Agricultural […]

GST on goodwill at the time of retirement of Partners; AAR withdrawn

March 16, 2021 15603 Views 0 comment Print

In re Shiv Shankara Health Care Enterprises (GST AAR Tamilnadu) Whether the goodwill paid to the partners at the time of retirement is liable to be taxed under GST Act. We have carefully considered the application, various submissions of the applicant, remarks of the jurisdictional officers and the request for withdrawal made by the applicant. […]

GST on reimbursement by subsidiary to its ultimate holding company located outside India

March 10, 2021 6321 Views 0 comment Print

In re ICU Medical India LLP (GST AAAR Tamilnadu) Whether GST is leviable on the reimbursement of the subsidiary company to its ultimate holding company located in a foreign territory outside India and  In case GST is leviable, what is the GST rate applicable to the said reimbursement of expenses? The fact of reimbursement does […]

‘K Juice Grape’ is a Carbonated fruit beverage & classifiable under CTH ‘2202 1090-Other

March 10, 2021 1770 Views 0 comment Print

In re M/s Kalis Sparkling Water Private Limited (GST AAAR Tamilnadu) The Customs Tariff under single dash(-)CTH 2202 10 includes Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured and under the said (-), CTH 2202 10 90(with a (—)) covers others. The above heading as per the […]

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

March 5, 2021 2703 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 987 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 1140 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 […]

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