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Advance Rulings

GST not payable on recovery from Employees for canteen facility at subsidized rates

January 4, 2022 17364 Views 0 comment Print

In re Emcure Pharmaceuticals Limited (GST AAR Maharashtra) Question 1: – Whether the GST would be payable on recoveries made from the employees towards providing canteen facility at subsidized rates in the factory and office? Answer: – Answered in the negative. Question 2: – Whether the GST would be payable on the recoveries made from the employees towards […]

AAR cannot give a ruling if similar issue is pending before DGGI

January 4, 2022 657 Views 0 comment Print

In re Dlecta Foods Pvt Ltd. (GST AAR Maharashtra) Whether the product ‘Non-Dairy Cream’ manufactured by the Applicant is covered under CH 1517 90 90 or under CH 2106 90 99 of the GST Tariff? Subject classification matter is pending as a dispute in proceedings initiated by the Directorate General GST Intelligence (DGGI), Pune Regional […]

Question of Refund of GST paid on advances not falls in Jurisdiction of AAR

January 4, 2022 957 Views 0 comment Print

India ITME Society should refund the amount to their customer members with GST and the society should either get tax refund or deduct the amount of GST paid on such transaction from their future tax obligation without any time constraints mentioned in Section 34 of CGST Act 2017.

AAR Maharashtra allows ‘Lonza India Private Limited’ to withdraw application

January 4, 2022 1374 Views 0 comment Print

In re Lonza India Private Limited (GST AAR Maharashtra) The Application in GST ARA Form No. 01 of M/s. Lonza India Private Limited, vide reference ARA No. 23 Dated 07.09.2020 is disposed of, as being withdrawn voluntarily and unconditionally. FULL TEXT OF THE ORDER OF AUTHORITY FOR ADVANCE RULING, MAHARASHTRA The present application has been […]

Question on tax liability under RCM not liable for admission before advance ruling authority

January 3, 2022 1293 Views 0 comment Print

It is evident that an applicant can seek an Advance Ruling only in relation to supply of goods or services or both undertaken or proposed to be undertaken by them. Accordingly, the question on tax liability under reverse charge mechanism is not liable for admission before the authority of advance ruling.

No GST exemption on accommodation services provided to officials on Election Duty

December 31, 2021 2331 Views 0 comment Print

In re Golkonda Hotels And Resorts Limited (GST AAR Telangana) M/s. Golconda Hospitality Services and Resorts Limited, are in the business of providing accommodation and services and in the course of the business they have supplied the services of boarding and lodging facility for the officials of Greater Hyderabad Municipal Corporation for conducting 2018 General […]

AAR rejects application filed by recipient of services

December 31, 2021 1143 Views 0 comment Print

In re U.R. Rao Satellite Centre (GST AAR Karnataka) Applicant raised the issue of  Applicability of GST on Insurance premium paid towards launch services and Applicability of MoF Notification No. 09/2017-Integrated Tax (Rate) dated: 28-06-2017. On hearing AAr observed that we observe that M/s. U.R. Rao Satellite Centre, who have filed the application, is not […]

AAR cannot accept application if issue is been raised in audit report

December 31, 2021 1092 Views 0 comment Print

The issue raised in the instant application and the audit objection raised in the audit report are one and the same i.e., applicability of GST on security deposit. Thus first proviso to Section 98(2) of the CGST Act 2017 is squarely applicable to the instant case, as all the conditions therein are fulfilled.

AAR cannot answer questions related to Appropriateness of Invoice

December 31, 2021 1416 Views 0 comment Print

In re Madhus Tyre Care (GST AAR Karnataka) In this Advance ruling assesse asked Whether the tax invoice proposed to be issued by the assesse satisfies section 31 of GST Act?, Whether the tax invoice proposed to be issued by the assesse satisfies Rule 46 of GST Rules? and Whether the total amount (inclusive of […]

GST Rate for Composition tax payer manufacturing Sweets &Namkins

December 31, 2021 23610 Views 0 comment Print

In re Chikkaveeranna Sweet Stall (GST AAR Karnataka) For composition tax payers what is the applicable rate of GST for the manufacturing of sweet and namkins and selling the goods over the counter not having any facility of restaurant or hotel or not a part thereof and not giving for human consumption at the place […]

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