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Advance Rulings

AAR West Bengal allows Withdrawal of application for advance ruling

December 31, 2021 900 Views 1 comment Print

In re Dwarka Prosad Agarwala (GST AAR West Bengal) 1.1 At the outset, we would like to make it clear that the provisions of the Central Goods and Services Tax Act, 2017 (the CGST Act, for short) and the West Bengal Goods and Services Tax Act, 2017 (the WBGST Act, for short) have the same […]

GST on milling of food grains into flour for Food & Supplies Department, Govt. of West Bengal

December 31, 2021 1929 Views 0 comment Print

In the instant case, value of supply shall be the consideration in money and shall also include all the components towards non-cash consideration, as discussed. This composite supply of services by way of milling of food grains into flour (atta) to Food & Supplies Department, Govt. of West Bengal for distribution of such flour under Public Distribution System is eligible for exemption under entry serial no. 3A of the notification No. 12/2017- CT (R) dated 28.06.2017 only when the value of goods involved in such composite supply does not exceed 25% of the value of supply.

GST on construction of water distribution networks and operation & maintenance for Kolkata Municipal Corporation

December 31, 2021 10098 Views 0 comment Print

In re Suez India Private Limited (GST AAR West Bengal) Whether the supplies provided by the applicant to Kolkata Municipal Corporation shall be considered as divisible supplies and what would be its taxability under the GST Act. The contract for water loss management made by the applicant with Kolkata Municipal Corporation which includes construction of […]

GST on milling of food grains into flour for distribution under Public Distribution System

December 31, 2021 4230 Views 0 comment Print

In re Shiv Flour Mill (GST AAR West Bengal) Whether the supply of service provided by the applicant to Food & Supplies Department, Govt. of West Bengal by way of milling of food grains into flour for distribution of such flour under Public Distribution System is eligible for exemption under entry No. 3A of Notification […]

GST not leviable on handling charges of PDS distribution of Dhothies & Sarees/ School Uniforms to state government

December 30, 2021 1800 Views 0 comment Print

In re Handloom Weavers Cooperative Society Ltd. (GST AAR Tamilnadu) GST not leviable on handling charges of PDS distribution of Dhothies & Sarees/ School Uniforms to state government The AAR, Tamilnadu in the matter of M/S. Handloom Weavers Cooperative Society Ltd. [Advance Ruling No. TN/47/ARA/2021 dated December 30, 2021] held that, the services rendered by […]

GST on marine engines pertaining to HS code 8407 and its spare parts

December 30, 2021 4404 Views 0 comment Print

Applicability of GST rate 5% on marine engines pertaining to HS code without considering its general tax rate as per the entry of Schedule I, SI. No.252 of GST Act dated 28.06.2017, being this engine forms a part of boats of HS code 8906 being supplied to defence department and Naval base, Cochin is available to the applicant when such engines are fit in vessels used for patrolling/flood relief and rescue purposes. Applicability of GST rate at 5% under SI.no.252 cited above is not available for spare parts of marine engines.

Issue of Utilisation of ITC of credit lying in one GSTIN against other not fall in scope of AAR

December 30, 2021 663 Views 0 comment Print

In re Amis Engineers (GST AAR Telangana) The applicant has averred that they have 2 different registration under CGST/SGST Acts for the same business person. That this state of things came into being at the time of migration from the earlier tax regime to GST regime. That they have stopped business in one GSTIN and […]

No IGST payable on high sea sales

December 30, 2021 4074 Views 0 comment Print

AAR held that no IGST is payable on supply of imported goods on High Sea Sales basis to Indian customers and proportionate reversal of input tax credit (ITC) is not required.

Fusible Interlining Fabrics of Cotton (FIFC) is classifiable under CTH 5903

December 29, 2021 1776 Views 0 comment Print

In re Mahaveer Shantilal Bafna (Proprietor M/s. Ram Traders) (GST AAR Tamilnadu) Whether Fusible Interlining Fabrics of Cotton (FIFC) fall for classification under HSN Code 5903 or under Chapter 52 (heading depending upon weightage of cotton in the fabrics) AAR hold that the Fusible Interlining Fabrics of Cotton (FIFC) fall under CTH 5903 for the […]

No export under GST if place of supply is within India

December 29, 2021 8613 Views 1 comment Print

In re International Inspection Services Private Limited (GST AAR Telangana) International Inspection Services Private limited supply inspection and expediting services during the manufacturing of equipment and packing of equipment/material in India and also abroad. They perform the inspection services for their foreign clients in respect of the equipment/machinery/material in India but which is intended to […]

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