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AAR Uttar Pradesh

GST Payable on service of transportation of goods by road as part of EPC package 

September 24, 2021 1116 Views 0 comment Print

In re Toshiba JSW Power Systems Private Limited (GST AAR Uttar Pradesh) The arguments of the applicant regarding exemption on the transportation service is in fact based on the assumption that the supply of service is in total isolation from the whole contract and without considering the terms and obligations created under all the contracts […]

GST exempt on pure services provided to Central/State Govt or UT related to functions entrusted to Municipalities/Panchayats

July 2, 2021 963 Views 0 comment Print

In re Jayesh Anil Kumar Dalal (GST AAAR Uttar Pradesh) In view of the above discussion, we hold that the services rendered by the  Appellant to the State Urban Development Agency,Uttar Pradesh (SUDA), and For PMAY, are in relation to functions entrusted to Municipalities under Article 243W and to Panchayats under Article 243W of the Constitution […]

Switch Board Cabinet as per specific design for Railway falls under Chapter Heading 8607

June 28, 2021 747 Views 0 comment Print

In re Prag Polymers (GST AAAR Uttar Pradesh) The classification of the ‘Switch Board Cabinet’, manufactured as per the specific design and layout provided  by the Railways and supplied to the Indian Railways  only and no- Where else, falls under Chapter Heading 8607 of the  Customs Tariff  Act, 1975. FULL TEXT OF ORDER OF APPELLATE […]

GST on Bellow Ducts manufactured as per specific design provided by Railways

June 20, 2021 675 Views 0 comment Print

In re Concord Control Systems Private Limited (GST AAAR Uttar Pradesh) The classification of the Bellow Ducts manufactured as per the specific design and layout provided by the Railways and supplied to the Indian Railways only and no-where else, falls under Chapter heading 8607 of the Customs Tariff Act, 1975. FULL TEXT OF ORDER OF […]

In case of import of goods on CIF basis GST Payable under RCM on Ocean freight

March 10, 2021 2037 Views 0 comment Print

In re Sangal Papers Limited (GST AAAR Uttar Pradesh) Q-1 As regard to the question of the Applicant that When the GST has been paid on the freight in the case of indigenous supplies, Whether the supplier is required to pay again GST  on the freight under RCM, we are of the opinion that the […]

Advance ruling deemed to be not in operation if difference of opinion amongst members of AAAR

January 20, 2021 546 Views 0 comment Print

Uttar Pradesh Power Corporation Ltd. (GST AAAR Uttar Pradesh) In view of difference of opinion between  the Members of Appellate Authority for Advance ruling for Goods and service Tax, Uttar Pradesh, no ruling can be issued on the Question raised  by the Appellant, in terms Of the provisions of Sub Section 3 of Section 101  […]

Sand mining classifiable under Licensing services for right to use minerals

July 7, 2020 5940 Views 0 comment Print

The applicant is engaged in the business of sand mining and have been granted mining lease for extraction of sand at Basti District. The said product is classifiable under tariff heading 2505, leviable to GST @5%. During the lease period of five years the applicant has to pay lease rent as per mutually agreed terms and conditions. ‘

No GST on Services to SUDA in relation to function entrusted to Panchayat or Municipality

July 7, 2020 738 Views 0 comment Print

In re Manpar Icon Technologies (GST AAR Uttar Pradesh) Q(i) .Whether the Project Development Service (ie. Detailed Project Report Service) and project management consultancy services (PMCS) provided by the applicant to reciepient under the contract from State Urban Development Authority (SUDA) and project management consultancy services (PMCS) under the contract of Prandhan Mantri  Awas Yojna […]

Subsidized shared transport facility to employees through third party vendors, is not Supply of service

June 29, 2020 1272 Views 0 comment Print

In re North Shore Technologies Private Limited (GST AAR Uttar Pradesh) Question 1- Whether the subsidized shared transport facility provided to employees in terms of employment contract through third party vendors, would be construed as “Supply of service” by the company to its employees? Ans: Answered in negative. Question 2- If the answer to above […]

Value of taxable supply in case of advance payment

June 29, 2020 3258 Views 0 comment Print

In re Uttar Pradesh Avas Evam Vikas Parishad (GST AAAR Uttar Pradesh) Now coming to the value of taxable supply in case of advance payment, we observe that explanation given in the sub Section 2 of Section 13 of the CGST Act, 2017 provides that-: “Explanation- For the purpose of clause (a) and (b)- (i) […]

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