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AAR Uttarakhand

‘Healthcare services’ classifiable under service code 9993

October 15, 2020 9747 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 […]

AAR cannot give a ruling on whether Forest Department is correct in not giving GST to applicant on composite supply?

September 18, 2020 3594 Views 0 comment Print

In re Om Prakash Sharma (GST AAR Uttarakhand) On perusal of aforesaid legal provisions, we find that a works contract is essentially a contract of service which may also involve supply of goods in the execution of the contract. It is basically a composite supply of both services and goods, with the service element being dominant […]

GST on services pertaining to construction/ widening of road provided as a sub-contractor

July 8, 2020 3663 Views 0 comment Print

The services pertaining to construction/ widening of road provided by the applicant as a sub-contractor in respect of work contract falls under the scope of Serial No. 3(iv) of Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 (as amended from time to time) and attracts GST @ 12% [6% CGST + 6% SGST] as on date.

GST not applicable on hire charges for storage of agriculture produce

July 8, 2020 20784 Views 0 comment Print

In re Roorkee Cold Storage (P) Ltd (GST AAR Uttarakhand) On perusal of legal provisions (supra), we find that loading, unloading, packing, storage or warehousing of agricultural produce is exempted from GST. We also find that Agricultural produce in the notifications has been defined to mean “any produce out of cultivation of plants and rearing […]

AAR can reject an application if same issue already pending with it

July 8, 2020 1935 Views 0 comment Print

We find that as per applicant’s argument their application can be admitted in as much as no case is pending before Hon’ble Court in the name of the applicant on the issue in hand. In this context we find that applicant has been defined under Section 95(c) of the Act which means any person registered or desirous of obtaining registration under this Act.

Services rendered by GTA liable to GST under RCM: Consignment note not must

May 29, 2020 6618 Views 0 comment Print

In re Uttarakhand Forest Development Corporation (GST AAR Uttarakhand) As per the provisions of section 9(3) of Act, the Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such […]

GST on royalty to State Govt under RCM for Reta, Bazri & Boulders

May 29, 2020 5742 Views 0 comment Print

In re Uttarakhand Forest Development (GST AAR  Uttarakhand) What will be applicable rate for GST on royalty payable to Govt of Uttarakhand under RCM in respect of Reta, Bazri & Boulders extracted as per the permission of Govt authorities. The services rendered by the applicant during the period 01.07.2017 to 31.12.2018 attract GST at the same rate […]

Fusible Interlining Fabrics of Cotton Falls under HSN Code 5903

March 12, 2020 4446 Views 0 comment Print

In re Ruby Mills Ltd. (GST AAR  Uttarakhand) Whether fusible interlining fabrics of Cotton fall for classification HSN Code 5903 or under chapter 52? On perusal of the Note 2 to Chapter heading 5903 , we find that the said heading covers textile fabrics, impregnated, coated, covered or laminated with plastics. Such products are classified here whatever […]

GST on transfer of business as a going concern

January 9, 2020 10635 Views 0 comment Print

In re M/s Rajeev Bansal and Sudershan Mittal (GST AAR Uttarakhand) Whether business transfer agreement as a going concern which consists of transferring under construction building project is covered under S. No. 12 of the Notification No. 12/2017 Central Tax (Rate) and its thus exempt from the applicability of GST? From the record we find […]

Exchange when goods are supplied within India and billing is to be done in foreign currency

January 8, 2020 38502 Views 0 comment Print

In case where goods are supplied within India and billing is to be done in foreign currency, which exchange rate to be applied rate prescribed for export of goods or for import of goods?

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