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Advance Rulings

GST AAR Maharashtra allows Rotary Club of Nagpur to withdraw application

January 31, 2022 1155 Views 0 comment Print

In re Rotary Club of Nagpur (GST AAR Maharashtra) The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act” respectively] by M/s. Rotary Club of Nagpur, The applicant, seeking […]

GST exempt on supply of pure services for implementation of Integrated Strom Water Drain to a Local Authority

January 31, 2022 2205 Views 0 comment Print

The Pure Services provided by the applicant by way of rendering Consulting Services for Programme Management and Accompanying Measures for implementation of Integrated Strom Water Drain for M1 & M2 Components of Kovalam Basin in the extended area of Greater Chennai Corporation, supplied to the Superintending Engineer, Strom Water Drain Department, Greater Chennai Corporation, Chennai vide the contract dated 03rd December 2020 are covered under S.No.3 of the Notification No.12/2017-Central Tax (Rate) dated 28.06.2017 and SGST Sl.No.3 of the No.II(2)/CTR/532(d-15)/2017 dated 29.06.2017 and exempted from payment of GST.

GST payable on renting of Property to Firm by its partner even without consideration

January 31, 2022 11028 Views 0 comment Print

In re Shanmuga Durai (GST AAR Tamilnadu) Section 15(1) stipulates the transaction value as the value to be adopted in cases where the supplier and recipient are not related. In the present situation, the applicant and the firm are related persons. Therefore, the value to be adopted is to be arrived at following the Valuation Rules […]

GST payable on membership/ subscription fee received from members of a club

January 31, 2022 54393 Views 0 comment Print

AAR held that, club of membership association and its members are distinct persons and the membership/ subscription fee, and annual fee, received from its members are consideration for supply of goods/services as a separate entity covered by the scope of the term ‘business’ and, thus, principle of mutuality is not applicable. Hence, GST would be payable on amounts received from club members.

No GST on Supply of desalinated water for distribution as safe drinking water to public

January 31, 2022 2568 Views 0 comment Print

In re Chennai Water Desalination Limited (GST AAR Tamilnadu) 1. Supply of desalinated water by the applicant to CMWSSB for distribution as safe drinking water to public falls under the entry at SI.No.99 of notification No. 2/2017-Central Tax (Rate), dated 28-6-2017 and attracts ‘NIL’ rate of GST. 2. Transaction of supply of safe drinking water […]

Advance ruling cannot be extended for supply already taken place

January 31, 2022 2211 Views 0 comment Print

In re Rotary District 3231 (GST AAR Tamilnadu) To sum up, the membership fees collected by the applicant from their Members is subject to tax as per Section 7 (1) (aa) of the GST Act as the activities rendered by the applicant to their Members is a supply to its constituents/members and they have to […]

GST on educating & training physical, mental & spiritual practices of Yoga

January 25, 2022 8205 Views 1 comment Print

In re Stonorti Marketplace Private Limited (GST AAR Rajasthan) Question: Whether the services supplied by the applicant by way of educating and training physical, mental and spiritual practices of Yoga is exempted under Notification No. 12/2017-CT(R) dated 28-06-2017 under entry number 80? Answer: NO, it is not exempted. It will be covered under service having description […]

Supply of food by eating joints/central kitchen falls under ‘restaurant service’

January 25, 2022 2922 Views 0 comment Print

In re Shrivika Foodcraft (Prop. Mrs. Richa Jalani) (GST AAR Rajasthan) Supply of food by the entity partially or completely cooked in the central kitchen through or from the various eating joints would be covered by ‘restaurant service’ and the supply of all the items of food and beverages offered by the eating joints/central kitchen […]

GST on installation, commissioning, testing, supplying mechanical/electrical work for Machinery attached to concrete base

January 24, 2022 2046 Views 0 comment Print

In re HYT Engineering Company Pvt Ltd (GST AAR Uttar Pradesh) We find that the major part of the contract is supply of goods i.e. Machinery and Plant, tools, gauges, instruments, office equipment & furniture and electrical goods. These goods are delivered to the client (JV) by the applicant and such goods are used by […]

ITC cannot be claimed for invoice issued in FY 2020-21 for Services related to FY 2018-19

January 24, 2022 3867 Views 0 comment Print

In re Vishnu Chemicals Limited (GST AAAR Andhra Pradesh) The tax invoice dated 01.04.2020 issued by the supplier of service for the rental service supplied for the period 01.04.2018 to 31.03.2019 is hit by the limitation for claiming ITC under Section 16(4) of the CGST/SGST Act, 2017. The appellant is not eligible to claim Input […]

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