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Advance Rulings

GST on Functions Entrusted to Municipalities and to Panchayats

December 5, 2021 6327 Views 0 comment Print

In re Arinem Consultancy Services PVT LTD (GST AAR Uttar Pradesh) Q-1 We hold that the Services rendered  under the Contract with State Urban Development Agency, Uttar Pradesh (SUDA) , and for PMAY are in relation  to Functions Entrusted to Municipalities under Article 243 W and to Panchayats under Article 243 G of the Constitution of […]

ITC not admissible on construction of immovable property used for business

December 5, 2021 63495 Views 0 comment Print

In re Tianyin Worldtech India Private Limited (GST AAR Uttar Pradesh) Q-1 The Applicant has approached the  authority of Advance ruling to determine the admissibility of input Tax Credit of Tax paid on cost  proposed to be incurred in relation to Activity mentioned ? Ans-1 The input Tax Credit of Tax paid on cost Proposed to […]

ITC on hiring of bus with seating Capacity of more than 13 person for transportation of employees

December 5, 2021 14394 Views 0 comment Print

In re Dr. Willmar Schwabe (I) Private Limited (GST AAR Uttar Pradesh) Q-1 Whether ITC is  available to the Applicant on GST charged by service provider  on hiring of bus, having seating Capacity of more than thirteen person for transportation of employees  to & from workplace. Ans-1 ITC is available to the Applicant only after […]

GST applicable on Centage Included in total value of work done

December 5, 2021 5154 Views 0 comment Print

In re UP State Bridge Corporation Limited (GST AAR Uttar Pradesh) Q-1 Centage Included in total value of work done taxable or not under the CGST Act, 2017 ? Ans-1 Centage will be Included in the value of supply  and the same is taxable  under  the CGST Act, 2017. Q-2 Whether Labor Cess is Taxable or not […]

Himsa Plus Oil Classifiable under Chapter heading 3305.90

December 5, 2021 5538 Views 0 comment Print

In re Surya Ayurved (GST AAR Uttar Pradesh) Q-1 Applicable G.S.T rate on Himsa Plus Oil, which is a ayurvedic Hair oil used for various hair disease and headache)? Ans-1 Himsa Plus Oil merits Classification under Chapter heading 3305.90 and attracts G.S.T @ 18% (CGST 9% and SGST 9%). FULL TEXT OF ORDER OF AUTHORITY […]

GST on reimbursement of Employee Provident Fund & ESI

December 5, 2021 28035 Views 0 comment Print

In re Lucknow Producers Cooperative Milk Union Ltd. (GST AAR Uttar Pradesh) Q-1 GST liability on  reimbursement of Employee Provided Fund & ESI? Ans-1 GST is liable to be paid @ 18% (9% CGST & 9% SGST) on the  Reimbursement of EPF and ESI  contribution as the same is liable to be included in the value of […]

AAR cannot admit application on questions raised as a recipient of service

December 3, 2021 549 Views 0 comment Print

The application is not admitted, under Section 98(2) read with Section 95(a) of CGST Act, 2017/UPGST Act, 2017 for the reason that the applicant has raised questions as a recipient of service

ITC of GST restricted U/s. 17(5)(d) cannot be utilised

December 2, 2021 19524 Views 0 comment Print

In re INOX Air Products Pvt. Ltd. (GST AAAR Tamilnadu) The final issue to be seen is that whether the entire manufacturing plant is to be construed as a ‘Plant and machinery’. As discussed in para supra, the Act do not define the terms ‘Plant’, ‘Machinery’, though the provision under Section 17(3) (d) says,- ‘goods […]

Mahindra Splendour CHS liable to pay GST on contribution received from members

December 1, 2021 2130 Views 0 comment Print

In re Mahindra Splendour CHS Ltd (GST AAR Maharashtra) Question 1:- Whether the applicant is liable to pay GST on the contribution received from its members? Answer: – Answered in the affirmative. Question 2:- If yes, whether the applicant can avail the benefit of exemption under entry no. 77 of Notification No. 12/2017-CTR dated 28.06.2017 for the […]

No GST on Rent for locker provided in bus stand by Municipal Corporation

December 1, 2021 2739 Views 0 comment Print

(Rent for locker provided in bus stand by the appellant) it is held to be an activity undertaken by the Municipality as a function entrusted under 243W of the Constitution and the service of rent or fee collection for such a facility is neither a Supply of Goods nor a supply of Service as per Notification No. 14/2017-CT (Rate).

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