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AAR Uttar Pradesh

18% GST Payable on Cheese Balls’ having up to 55% Cheese

December 10, 2018 3018 Views 0 comment Print

We find from the label/packaging of the goods that the percentage of cheese is not more than 55%, which indicates that though cheese is the major component of the goods but it cannot be said to be present in such quantity that it predominates or overwhelms the presence of other ingredients. It is observed that the percentage of other ingredients is as high as 45%, which should prevent the goods from retaining the character of cheese. Therefore acceptance of these goods as cheese would not be the correct position.

AAR cannot give ruling on whether goods can be supplied through delivery challan

November 19, 2018 816 Views 0 comment Print

In re Shiva Goods Carrier (GST AAR Uttar Pradesh) Whether the Applicant can dispatch the commodity of Eucalyptus / poplar wood at the time of supply through delivery challan, which is supplied by him and the tax invoice be issued later after the goods is delivered and measured by the purchaser? On examination of Section […]

Comprehensive AMC is a composite part of supply & can be taxed: AAR

October 20, 2018 8823 Views 1 comment Print

(a) Whether supply of comprehensive annual maintenance service which may also involve incidental supply of spare parts/goods should be classified as a composite supply or mixed supply? (b) In case the said contract is considered as composite supply, what is the principal supply between goods or services?

Bike Locks of motorized Bicycle classifiable under Chapter Heading 8714

October 16, 2018 1062 Views 0 comment Print

In re Sudhanshu Garg (GST AAR Uttar Pradesh)  Whether ‘Bike Locks’ used for motorized Bicycle are classified and taxable under HS-8714 (Parts and Accessories of Bicycle & other Cycle). The product ‘cycle locks’ is classifiable under Chapter Heading 8714 of the Customs Tariff Act, 1975 and Goods and Services Tax rate applicable to Chapter Heading […]

18% GST payable on supply of de-oiled mahua cake & ITC eligible

October 12, 2018 2814 Views 0 comment Print

In re Indo Prosoya Foods (P) Ltd. (GST AAAR Uttar Pradesh) In view of the foregoing discussion and findings we hereby modify the ruling no. 06 dated 25-05-2018 of the Authority on advance ruling to the extent that- (i) Input Credit attributable to the supply of de-oiled rice bran cake (exempted supply) is to be […]

AAR cannot give ruling on how to Transfer ITC for claiming refund

September 24, 2018 621 Views 0 comment Print

In re Varun Beverages Limited (GST AAR Uttar Pradesh) How to transfer the portion of input tax credit as belonging to Sandila unit (covered by the infrastructure & industrial investment policy 2012 of the State of Uttar Pradesh for claiming refund of UP GST component paid in cash in the prescribed percentage of policy), lying […]

Canned Pineapple Slices dipped in sugar syrup falls under Tariff item No. 0811

September 17, 2018 2277 Views 0 comment Print

In re Bharat Agro (GST AAAR Uttar Pradesh) We modify the Ruling given by AAAR, Uttar Pradesh as per their Order No.5 dated 21-05-2018 and hold that the Product in question i.e. ‘Canned Pineapple Slices dipped in sugar syrup’ is covered under the Tariff item No. 0811 FULL TEXT OF ORDER OF APPELLATE AUTHORITY OF […]

GST on LED based luminaire in passenger coaches of Indian Railways

September 13, 2018 873 Views 0 comment Print

In re Bitcom Technologies Pvt. Ltd. (GST AAR Uttar Pradesh) a) What is the correct classification HSN code based luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts? Ans.  Correct classification of luminaire in passenger coaches of Indian Railways which exclusively works on electric supply of 110/127 Volts […]

No advance ruling as applicant was not supplier or manufacturer of goods

June 15, 2018 465 Views 0 comment Print

In re Ramway Foods Ltd. (GST AAR Uttar Pradesh) Whether the classification  of  Sacks & bags of a kind used for the packing of goods of manmade textiles materials will appropriately  classifiable falling under HSN 63053300 or under 39232990 of GST Tariff? The ruling is not applicable as applicant is a recipient of goods and […]

GST not applicable on upfront amount for lease of 30 Years or more for plots

June 6, 2018 3006 Views 0 comment Print

In re Yamuna Expressway Industrial Development Authority (GST AAR Uttar Pradesh) Whether GST is applicable on upfront amount (called as premium / salami) payable in respect of services by way of granting of long term lease of the thirty years or more for plots catering to public health care such as hospital, nursing home, diagnostic […]

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