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Advance Rulings

Supply of Bus body building on chassis owned by customer is supply of Service

April 12, 2022 3825 Views 0 comment Print

In re Vasant Fabricators Pvt. Ltd. (GST AAR Gujarat) Q1. Whether the activity of fabricating and mounting Tankers, Tippers, etc. on the chassis provided by the owner of such chassis i.e. bus body building would be covered under the category of Supply of Services? A1. Supply of Bus body building on the chassis owned by […]

GST on free of cost bus transport facilities provided to employees

April 12, 2022 4665 Views 0 comment Print

In re Emcure Pharmaceuticals Limited (GST AAR Gujarat) Q1. Whether the recoveries made by the Applicant from the employees for providing canteen facility to its employees are taxable under the GST laws? A1. GST, at the hands of M/s Emcure, is not leviable on the amount representing the employees portion of canteen charges, which is […]

AAR cannot substitute word ‘CGST Rules’ for ‘Notification’ referred in section 97(2)(b)

April 12, 2022 639 Views 0 comment Print

We find no reason to substitute the phrase ‘CGST Rules’ for the word ‘Notification’ referred to in section 97(2)(b). We find no merit in this submission and hold that AAR has its carved out functional jurisdiction to pass Rulings as per Section 97(2).

GST on employees portion of 3rd Party canteen charges

April 12, 2022 2130 Views 0 comment Print

In re Cadmach Machinery Pvt Ltd (GST AAR Gujarat) Whether recovery of amount from employee on account of third party canteen service provided by assessee, which is obligatory under section 46 of Factories Act, 1948 would come under definition of, outward supply and, therefore, taxable as a supply under GST? Cadmach has arranged a canteen […]

No supply of services by employer by paying part consideration of employees’ refreshments

April 12, 2022 1671 Views 0 comment Print

In re Cadila Healthcare Limited. (GST AAR Gujarat) Whether the subsidized deduction made by the Applicant from the employees who are availing food in the factory/corporate office would be considered as a supply by the Applicant under the provisions of Section 7 of Central Goods and Service Tax Act, 2017 and Gujarat Goods and Service […]

AAr can give ruling only on supply being undertaken or proposed to be undertaken

April 12, 2022 615 Views 0 comment Print

In re Royal Techno Projects (India) Pvt. Ltd. (GST AAR Gujarat) Vide email dated 1-4-22, M/s Royal submitted Work Order dated 1-12-20 for Widening & Strengthening Costg. Slab Drain of Asoj Pilol Road (VR) of Vadodara District under MMGSY 2019-20, from Gujarat State Road and Building Department. We find that vide the Tender to this […]

Recipient of Services cannot apply to know SAC & GST rate: AAR

April 12, 2022 816 Views 0 comment Print

In re Surat Smart City Development Ltd. (GST AAR Gujarat) Recipient of supply may seek Rulings in cases pertaining to admissibility of ITC of tax paid or deemed to have been paid (Section 97(2)(d)) or when the recipient is liable to pay tax under RCM. We find no such case before us to hold that […]

‘Anna Malai Mithai’ classifiable under HSN 2106 90 as ‘Sweetmeat’

April 12, 2022 5235 Views 0 comment Print

In re Anand Products (GST AAR Madhya Pradesh) Whether the product ‘Anna Malai Mithai’, manufactured and supplied by the applicant containing the ingredients Sugar, Vegetable Fat, Skimmed Milk Powder, Whey Powder, Emulsifier and other permitted Flavour’s, which is identical to the commonly known Indian sweet ‘Rabdi’, should be classified under the Tariff Heading 2106 as […]

GST AAR Telangana allows Swan Environmental Private Limited to withdraw application

April 11, 2022 705 Views 0 comment Print

In re Swan Environmental Private Limited (GST AAR Telangana) In the reference 1st cited, M/s. Swan Environmental Private Limited, Hyderabad, (36AADCS4126R1ZW) has sought certain clarification by filing an application for Advance Ruling. The Case was posted for personal hearing on 05.01.2022 ,10.03.2022.& 24.03.2022. However, in the reference 9th cited, M/s. Swan Environmental Private Limited, Hyderabad, […]

GST on supply of supply of fortified rice to different Rice Millers

April 11, 2022 4464 Views 0 comment Print

In re AS Bharat Refinery (India) Private Limited (GST AAR Uttarakhand) AAR observed that the designated Rice Millers have been requisitioned for supply of the fortified rice and the applicant has neither been supplying the said goods for free distribution to the economically weaker sections of the society under a programme duly approved by the […]

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