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AAR Uttarakhand

GST under TDS not applicable if applicants supply to specified categories of persons notified by Government

September 8, 2021 8982 Views 0 comment Print

In re Uttarakhand Purv Sainik Kalyan Nigam Ltd. (GST AAR Uttarakhand) On perusal of legal provisions of Section 51 of CGST Act, 2017, we find that the Government has authorized following persons , to deduct tax at the rate of two per cent (1% CGST + 1% SGST) from the value of supply excluding the central […]

Dry Powder Containing Protein Powder with Vitamins & Minerals classifiable under HSN 2106

September 2, 2021 7218 Views 0 comment Print

In re Windlass Biotech Limited (GST AAR Uttarakhand) ‘Dry Powder Containing Protein Powder with Vitamins & Minerals‘ being manufactured by M/s Windlass Biotech Limited, 40/1, Mohabewala Industrial Area, Dehradun, Uttarakhand under the name ‘Protowits’ is a Food supplement which is fit to be classified under HSN 2106. Read AAAR Order: Dry Powder Containing Protein Powder with Vitamins […]

Contract for supply of manpower for managing solid waste not come under definition of ‘Composite supply of Goods & Service’

August 23, 2021 2004 Views 0 comment Print

In re Green Cleaning Solutions (GST AAR Uttarakhand) 1) The contract for supply of manpower for managing solid waste does not come under the definition of ‘Composite supply of Goods and Service’ at Entry No. 3A of Chapter 99 as mentioned in notification number 12/2017 – Central Tax (rate) dated 28th June 2017 as amended by Notification […]

5% GST Payable on Patanjali ‘Gomaya Samidha’

May 31, 2021 4842 Views 0 comment Print

In re Patanjali Ayurved Ltd. (GST AAR Uttarakhand) 1. Gomaya Samidha – Patanjali Ayurved ka Utpad is a brand name of M/s Patanjali Ayurved Ltd. and it is an organic manure covered under Chapter Heading no. 3101. 2. Gomaya Samidha – Patanjali Ayurved ka Utpad is not exempt from levy of GST in terms of S.No. […]

GST exemption available to NHPC Ltd cannot be extended to sub contractor providing Works contract services for  road construction 

March 8, 2021 2052 Views 0 comment Print

In re NHPC Ltd. (GST AAAR Uttarakhand) Members of Uttarakhand Advance Ruling authority have different view on the applicability of GST on the sub-contractor so they made a reference to the appellate authority for hearing and discussion. Appellate authority in the case that whether the exemption available for PWD Uttarakhand and M/s NHPC Ltd, can […]

GST on Outward supply of Operation & Maintenance of sewerage treatment plant

February 19, 2021 4545 Views 0 comment Print

In re GDCL – EMIT JV (GST AAR Uttarakhand) i) Outward supply of Operation & Maintenance of sewerage treatment plant of 26 MLD capacity at LakkarGhat, Rishikesh, Dehradun, State of Uttarakhand to Uttarakhand PeyJal Nigam is not exempted under notification no. 2/2018-Central Tax (Rate) dated 25.01.2018 and 2/2018 – Integrated Tax (Rate) dated 25.01.2018 and 138/2018/18(20)/XXVII(8)/2017/CTR-2, […]

Selling of Space for advertisement in print media attracts GST @ 5%

October 28, 2020 3561 Views 0 comment Print

In re Harmilap Media (P) Limited (GST AAR Uttarakhand) (i) Selling of Space for advertisement in print media shall attract GST @ 5%[2.5% CGST+2.5% SGST] and in all other cases, the GST shall be attracted @ 18% [9% CGST+ 9% SGST] as on date. (ii) Classification of services shall be as under: Annexure: Scheme of Classification […]

Advance ruling cannot be given if both members have different views

October 22, 2020 849 Views 0 comment Print

In re Abhishek Darak (GST AAR Uttarakhand) In this case both the members have different views on the taxability of ‘sale of developed land/plot’, the other issues related to it becomes irrelevant and hence, the ruling cannot be given to such related issues. In light of above discussion & findings, we have different views in […]

Overseas Commission Agent is covered within the definition of term intermediary’

October 15, 2020 3753 Views 0 comment Print

In re Midas Foods (P) Ltd (GST AAR Uttarakhand) (a) Whether Overseas Commission Agent is covered within the definition of the term ‘intermediary’ as provided under section 2(13) of the IGST Act, 2017; Overseas Commission Agent is covered within the definition of the term intermediary’ as provided under section 2(13) of the IGST Act, 2017; […]

‘Healthcare services’ classifiable under service code 9993

October 15, 2020 9591 Views 0 comment Print

In re Shubham Sarvam Medical Projects LLP (GST AAR Uttarakhand) On perusal of aforesaid legal provisions , we find that all the healthcare services by a clinical establishment or authorized medical practitioner or para medics by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy and services by way of […]

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