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AAR Uttar Pradesh

AAR applicable cannot be admitted if question raised in application is already pending with state tax authorities

July 29, 2019 369 Views 0 comment Print

In re Wave Distilleries and Beverages Ltd. (GST AAR Uttar Pradesh) Whether Notification No. 31/2017 dated 13th Oct. 2017 is applicable on them? The application shall not be admitted as per the provisions of section 98(2) of CGST Act, 2017, as the question raised in the application is already pending with the state tax authorities, Aligarh. FULL […]

GST on printing of question papers on behalf of educational institution

June 3, 2019 2604 Views 0 comment Print

In re Maxwell Co. Pvt (GST AAR Uttar Pradesh) Question 1 Whether activity of printing of question papers on behalf of educational institution can be classified as activity of supply of goods or supply of services? Answer 1:- The activity of printing of question papers by the applicant is activity of supply of services classifiable […]

Supply of packed Food items/Drinks & cooked item at railway platforms is Supply of Services

June 3, 2019 2538 Views 0 comment Print

In re Rajeev Kumar Garg (GST AAR Uttar Pradesh) (1) Whether supply of food items at GMUs (General Minor Units) at Railway Platforms which include only counter sale of packed food items, drinks and cooked item shall be treated as ‘Sale of Goods’ or ‘Sale of Service’? Ans 1:– Supply of Food items at GMUs […]

GST on Filter Elements & Air Filter Assembly as parts for Diesel Electric Locomotives

June 3, 2019 4152 Views 0 comment Print

In re G S Products (GST AAR Uttar Pradesh) (a) Whether they are correct in their classification of the filter Elements & Air Filter Assembly mentioned above as parts for Diesel Electric Locomotive for Indian Railways under Tariff Heading 8607 in GST regime or not? Ans: Yes, The correct classification of the Filter Elements & […]

AAR application rejected for discrepancy in Application Fees Payment

May 7, 2019 330 Views 0 comment Print

In re Awas Bandhu (GST AAR Uttar Pradesh) As Section 97 (1) r/w Rule 104 of the CGST/SGST Act, the Applicant is liable to pay fee of Rs 5000/- under each Act to be deposited in manner provided u/s 49 of CGST Act. Failing such compliance, an application is incomplete and thus liable to be […]

Breaded Cheese classifiable under Heading 0406; 12% GST applicable

April 18, 2019 1410 Views 0 comment Print

In re Savencia Fromage & dairy Pvt. Ltd. (GST AAAR Uttar Pradesh) Under a residuary entry only such goods are covered which cannot be brought under the various specific entries in the tariff. In other words unless the Department can establish that the goods in question can by no conceivable process of reasoning be brought […]

No GST on reimbursement of delayed payment for purchase of securities

April 18, 2019 1728 Views 0 comment Print

In re SPFL Securities Ltd (GST AAAR Uttar Pradesh) The nature of the delayed payment charges are being summarized below for understanding its taxability under the GST law:- Where the client makes delay (i.e. beyond T+1 statutory time limit for payment as per SEBI regulations) in reimbursing the expense (being purchase consideration of the securities […]

ITC available on de-oiled mahua cake & not on de-oiled rice bran cake

March 18, 2019 876 Views 0 comment Print

In re Indo Prosoya Foods Pvt Ltd (GST AAAR Uttar Pradesh) (i) Input Credit attributable to the supply of de-oiled rice bran cake (exempted supply) is to be reversed by the appellant in terms of Section 17(2) of the CGST Act 2017; and (ii) GST @ 5 is payable on supply of de-oiled mahua cake […]

No ITC on supply of de-oiled rice bran cake (exempted supply)

March 18, 2019 3705 Views 0 comment Print

In re Khandelwal Extraction Ltd (GST AAAR Uttar Pradesh) (i) Input Credit attributable to the supply of de-oiled rice bran cake (exempted supply) is to be reversed by the appellant in terms of Section 17(2) of the CGST Act 2017; and (ii) GST @ 5% is payable on supply of de-oiled mahua cake with consequently allowing […]

Repair Services with parts under warranty obligation is composite supply of services

March 11, 2019 2835 Views 0 comment Print

In re Premier Car Sales Ltd. (GST AAR Uttar Pradesh) (i)- Whether repair services carried out by the Applicant under the Dealership Agreement with HMIL, to fulfill the warranty obligation of HMIL which also involves supply of parts should be classified as a composite supply of services under Section 2(30) of CGST Act/ Section 2(30)of SGST Act, […]

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