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Advance Rulings

SUG is indispensable part of taxable value for Re-gasification service

May 11, 2022 1335 Views 0 comment Print

In Re Shell Energy India Pvt. Ltd. (GST AAR Gujarat) Issue: Whether value attributable to SUG stipulated in the Agreement between the Applicant and Customers is subject to the levy of GST and therefore, liable to be included in the consideration for re-gasification services determined as per Section 15 of the CGST Act ? Held […]

No ruling can be given in absence of failure to produce key elements: AAR Telangana

May 10, 2022 537 Views 0 comment Print

In order to answer these questions which are related to the issues raised by the applicant they are requested to produce copies of purchase orders of material and orders for erection contracts. However, they have not produced the copies of purchase order and erection order as promised during the personal hearing till date.

Gujarat Industrial Development Corporation is not a governmental authority

May 9, 2022 3945 Views 0 comment Print

In re Gujarat Industrial Development Corporation (GST AAAR Gujarat) The appellant Gujarat Industrial Development Corporation submitted that they provide amenities like road, supply of water or electricity, street lighting, drainage, sewerage, conservancy etc and these qualify as ‘water supply for domestic, industrial and commercial purposes’, ‘public health, sanitation conservancy and solid waste management’ and ‘public […]

Gujarat Industrial Development Corporation is a Government Entity: AAAR

May 9, 2022 3171 Views 0 comment Print

In re Gujarat Industrial Development Corporation (GST AAAR Gujarat) AAAR held that Gujarat Industrial Development Corporation  does not fall under the category of ‘State Government’ but is covered under the category ‘Government Entity’, Read AAR :- No GST exemption to GIDC on establishment, organisation & development of industries FULL TEXT OF THE ORDER OF APPELLATE […]

ITC not eligible on Good & Services procured for building LNG Jetties

May 9, 2022 1824 Views 0 comment Print

AAAR held that (1) LNG Jetties being built by the appellant are not covered within the expression ‘plant and machinery’ as foundation to equipment, apparatus, machinery to be installed on it in terms of Section 17 of the CGST Act, 2017 and (2) the appellant cannot avail input tax credit of GST paid on inputs, input services and capital goods procured for the purpose of building the LNG Jetties in terms of Section 16 of the CGST Act, 2017.

ITC not eligible on capital goods procured for building LNG Jetties

May 9, 2022 1941 Views 0 comment Print

In re Swan LNG Pvt. Ltd (GST AAAR Gujarat) ITC is not available on input, input services and capital goods on purchased for the construction of the LNG jetties The AAAR, Gujarat, in the matter of M/s. Swan LNG Pvt. Ltd [Advance Ruling (Appeal) No. GUJ/GAAAR/APPEAL/2022/06] has held that the Liquefied Natural Gas (“LNG”) jetties […]

GST on Composite Supply of hospital construction works for Govt Entity

May 6, 2022 2661 Views 0 comment Print

 In re KPC Projects Ltd. (GST AAR Maharashtra) From the submissions made by the applicant, we find that in the instant case there is Composite supply of works contract provided to UPRNN, a Government Entity by way of construction of a clinical establishment i.e. a hospital.  However we also find that, the above mentioned Rate […]

GST on Composite supply of Residential construction works for Govt Entity

May 6, 2022 2106 Views 0 comment Print

In re KPC Projects Ltd. (GST AAR Maharashtra) In the instant case there is Composite supply of works contract provided to UPRNN, a Government Entity by way of construction of a Residential Quarters meant for the use of the employees of ESIC and therefore, it can be said that the supply is in respect of […]

GST on Royalty, MMDR, DMF Fund & Reserve Price paid directly to Government

May 6, 2022 2592 Views 0 comment Print

In re Baranj Coal Mines Private Limited (GST AAR Maharashtra) In the subject case, we find that the applicant (supplier of service) and KPCL (recipient of service) are not related persons and price is the sole consideration for the supply. Further, from Article 6.1.3 and Article 29.1.2 of the Mining Agreement it is clear that […]

AAR Maharashtra allows Karve Institute of Social Service to withdraw application

May 6, 2022 501 Views 0 comment Print

In re Karve Institute of Social Service (GST AAR Maharashtra) The applicant has submitted a letter dated 28.04.2022 and requested that they may be allowed to voluntarily withdraw their subject application filed on 01.09.2021. The request of the applicant to withdraw their application voluntarily and unconditionally is hereby allowed, without going into the merits or […]

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