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AAR Telangana

18% GST payable on ‘Ready to Eat’ popcorn sold in retail packages

March 29, 2022 3402 Views 0 comment Print

In re Agro Tech Foods Limited (GST AAR Telangana) What would be the correct HSN classification and consequently rate of GST applicable on ‘Ready to Eat’ popcorn sold in retail packages? HSN classification is ‘1904’ and the rate of tax is 9% SGST & CGST each. FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, […]

Person not making or proposing to make any supplies of goods or services cannot apply for Advance Ruling

March 29, 2022 1086 Views 0 comment Print

In re Poli Vasudeva Reddy (GST AAR Telangana) Section 95(c) defines applicant as any person registered or desirous of obtaining registration under this Act. And Section 95(a) enumerates that a Advance Ruling needs decision for providing in relation to supply of goods or services undertaken or proposed to be undertaken by the applicant. In the […]

AAR Telangana cannot pass ruling for Place of Supply Outside Telangana

March 29, 2022 1314 Views 0 comment Print

In re Growthmode Consulting Limited (GST AAR Telangana) As seen from the material papers submitted by the applicant, the place of supply of service under Section 12(2) of the IGST Act is in the State of Maharashtra and therefore this AAR is not the appropriate forum in terms of Section 96 of the CGST Act, […]

GST not exempt on Distillery Wet/DRY Grain Soluble

March 14, 2022 3831 Views 0 comment Print

In re Allied Blenders and Distillers Private Limited (GST AAR Telangana) The applicant’s chief argument is that their bye-products i.e., Distillery Wet Grain Soluble (‘DWGS’) and Distillery Dry Grain Soluble (‘DDGS’) are used only as cattle feed and therefore have to be classified under S.No.102 of Notification No. 02/2017. It is observed that the Notification […]

AAR cannot give ruling on question unrelated to supply of goods or services

March 14, 2022 1149 Views 0 comment Print

In re Granules USA Inc (GST AAR Telangana) It is to inform that Section 96 of the CGST & SGST Acts clearly state territorial nexus of an Advance Ruling authority so that an authority for Advance Ruling shall function as such an Authority for Advance ruling for that State or Union Territory in which it […]

18% GST Payable on construction of IT Incubation Centre for TSIIC

March 2, 2022 3396 Views 0 comment Print

In re Siddhartha Constructions (GST AAR Telangana) M/s. Siddhartha Constructions are into business of works contracts and have executed works for Telangana State Industrial Infrastructure Corporation Limited (TSIIC). The applicant in this contract has constructed IT Incubation Centre at Pothugal, Karimnagar for the TSIIC. As per the Memorandum of Association filed by the applicant TSIIC […]

GST on Construction of IT towers for TSIIC

March 2, 2022 3231 Views 0 comment Print

In re Siddhartha Constructions (GST AAR Telangana) The Memorandum of Association of TSIIC at clause III(a)(3) clearly states that the company pursues the objectives to implement the schemes of incentives, subsidies and the like formulated by the Government of Telangana or Government of India or other authorities or institutions and to administer such schemes of […]

18% GST payable on construction of Administrative building for TSIIC

March 2, 2022 2901 Views 0 comment Print

In re Siddhartha Constructions (GST AAR Telangana) AAR held that works contract executed by the applicant for construction of Administrative building for TSIIC falls under Sr No. 3(vi) of Notification No. 11/2017-CT (Rate) as amended till date and therefore taxable at the rate of 6% under CGST & SGST each. However for works executed from […]

Obesity is not a disease – Orlistat pellet cannot be classified as medicaments

February 23, 2022 4467 Views 0 comment Print

In re Smt. Rama Devi Guttikonda (GST AAR Telangana) AAR held that Obesity is not a disease and hence reduction of weight cannot be seen as a treatment against a disease. Therefore The pharmaceutical Pellets and Granules except Orlistat pellet manufactured by the applicant can be classified as medicaments under Sl. No.62 of Schedule II […]

AAR Telangana allows ‘Waterhealth India Private Limited’ to withdraw application

February 16, 2022 780 Views 0 comment Print

In re Waterhealth India Private Limited (GST AAR Telangana) In the reference 1st cited, M/s. Waterhealth India Private Limited, Hyderabad, (36AAACW5652P1ZQ) has sought certain clarification by filing an application for Advance Ruling. The Case was posted for personal hearing on 16.02.2022. However, in the reference 5th cited, M/s. Waterhealth India Private Limited, have informed through […]

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