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Advance Rulings

No GST payable on washed/rejected coal from washery on which Compensation Cess is paid and ITC is not availed

December 17, 2021 1644 Views 0 comment Print

AAR held that No GST payable on washed/rejected coal from washery on which Compensation Cess is paid and ITC is not availed

GST on Part Recovery of transport facility provided to employees

December 16, 2021 7782 Views 0 comment Print

In re Integrated Decisions And Systems India Pvt Ltd (GST AAR Maharashtra) Employer arranging transportation facility for their employees does not fall under the definition of business The AAR, Maharashtra in the matter of M/S. Integrated Decisions and Systems (India) Pvt. Ltd. [Advance Ruling No. GST-ARA-116/2019-20/B-113 dated December 16, 2021] held that, arranging the transport […]

GST leviable on reimbursement of electricity and water charges and to be included in value of supply

December 16, 2021 52113 Views 0 comment Print

AAR held that, GST payable on electricity charges and water charges as per meter reading and collected from the recipients on actual reimbursement basis. Further, there is no authorization, obtained to act as pure agent and to make payment to third parties, therefore the assessee cannot be considered as a pure agent.

CNG Dispenser falls under Chapter Heading 841311 of GST Tariff

December 15, 2021 2430 Views 0 comment Print

In re Parker Hannifin India Pvt. Ltd. (GST AAR Maharashtra) Whether the CNG Dispenser manufactured and supplied by the Applicant is correctly covered in SL. No. 422, Schedule III of Notification No. 1/2017-Central Tax (Rate) dated 28 June 2017 as amended and corresponding notifications issued under integrated GST and State GST Acts? The product catalog […]

GST benefit not available to ‘Sunha Darshan Museum’ run by a business entity

December 15, 2021 1149 Views 0 comment Print

In re Vakao Theme Park LLP (GST AAR Rajasthan) we find that premises claimed by the applicant as ‘museum’ is founded and developed by a Limited Liability Partnership (LLP) firm namely M/s Vakao Theme parks LLP which is a business entity. The Main Business Activity of Vakao Theme Park LLP is Recreational, cultural and sporting […]

GST on road cutting charges paid to JNN on behalf of Jaipur Smart City Limited

December 15, 2021 3345 Views 0 comment Print

Whether the Applicant is liable to pay GST under RCM in respect of road cutting charges paid by them to Jaipur Nagar Nigam (JNN) on behalf of M/s. Jaipur Smart City Limited in relation to such contract?

No Job work involved in mere leasing & maintenance of plant

December 15, 2021 1335 Views 0 comment Print

In re M/s. IOCL (GST AAR Odisha) On perusal of the documents and submissions submitted by the applicant, it is seen that the applicant has entered into an agreement with M/s Praxair for construction of Hydrogen and Nitrogen Gas Plant inside the applicants premises at Paradip. Pursuant thereto, M/s Praxair had constructed, installed and successfully […]

RUDSOCO is not Government Authority & not eligible for GST exemption

December 14, 2021 1059 Views 0 comment Print

In re Consulting Engineers Groups (GST AAAR Rajasthan) It was held that holding of equity control of RUDSICO by JDA and Rajasthan Housing Board cannot be treated as holding of equity control by Government; therefore, RUDSOCO is not Government Authority. Appellant is not eligible for exemption under entry No. 3 of  notification no. 12/2017 Central […]

GST: Land filling pit is a civil structure, not a plant or machinery- ITC not eligilble

December 13, 2021 4935 Views 0 comment Print

In re Mother Earth Environ Tech Pvt. Ltd (GST AAAR Karnataka) The Appellant has been very vehement in their submission that the land filling pit is not a civil structure in as much as they have not used any cement or steel in the construction of the land filling pit. The term ‘civil structure’ has […]

ITC eligible to the extent of machine foundation only

December 11, 2021 30438 Views 0 comment Print

AAR held that, Input Tax Credit (ITC) can be availed on GST charged by contractor supplying service of works contract to extent of machine foundation as per Section 17(5)(c) of CGST Act.

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