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Advance Rulings

Education Services provided are supply if employee-employer relation not established

October 25, 2021 927 Views 0 comment Print

In re Rahul Goyal (GST AAR Rajasthan) In the instant case, the applicant intends to provide Educational and Training Services to its service recipient i.e. M/s Mentors Eduserv on the basis of section 13 of the agreement dated 10.02.2020. on gone through the section 13 of the agreement, we find that there is no establishment […]

Distillers Wet Grain Solubles (DWGS) classifiable under GST Tariff item 2303

October 25, 2021 2304 Views 0 comment Print

In re Ads Agro Industries Private Limited (GST AAR Rajasthan) As per meaning provided in Wikipedia, the Brewing is the production of beer by steeping a starch source (commonly cereal grains, the most popular of which is barley/wheat) in water and fermenting the resulting sweet liquid with yeast. In the instant case, it is fact […]

AAR allows ‘Hotel OM Tunga Vihar’ to withdraw application

October 25, 2021 408 Views 0 comment Print

In re Hotel OM Tunga Vihar (GST AAR Maharashtra) The applicant has submitted a email letter dated 21.10.2021 and requested that they may be allowed to voluntarily withdraw their subject application filed on 31.12.2019. The request of the applicant to withdraw the application voluntarily and unconditionally is hereby allowed, without going into the merits or […]

AAR cannot give ruling on the basis of incomplete write up

October 25, 2021 450 Views 0 comment Print

We find that except write up provided by the applicant in respect of ‘the subject goods’, no other base is there to classify these goods. We further find that the write up provided by the applicant is incomplete and have no potential to prove ‘the subject goods’ as essential parts of Railway or locomotives or otherwise.

18% GST Payable on activity of reshelling of old sugar mill rollers

October 25, 2021 1764 Views 0 comment Print

In re S.B. Reshellers Pvt.Ltd. (GST AAR Maharashtra) Question 1:- The activity of reshelling of old sugar mill rollers whether is treatable as a job work service under SAC 9988 or is treatable as a repair/maintenance service under SAC 9987? Answer: – The activity of reshelling of old sugar mill rollers is treatable as a repair/maintenance service […]

GST payable on Service of repairs & maintenance of vehicles used for sewage

October 22, 2021 2376 Views 0 comment Print

In re M. F. Associates (GST AAR Uttar Pradesh) Que-1 Whether providing the service of repairs and maintenance of vehicles used for sewage and waste collection, treatment and disposal and other environmental protection services provided to Local Authorities would be covered by Sl. Nov. 3 of Notification No. 12/2017- Central Tax(Rate) dated June 28, 2017, […]

GST on manufacture & supply of Fortified Rice Kernels to TNCSC

October 21, 2021 5856 Views 0 comment Print

In re Rasi Nutri Foods (GST AAR Tamilnadu) Concessional GST rates not applicable to activity of manufacture and supply of fortified rice kernels till Sep 30, 2021 In Rasi Nutri Foods [Order No. 39 AAR/2021 dated October 21, 2021] Authority for Advance Ruling, Karnataka (KAAR) held that Notification No.39/2017 CT(R) dated 18.10.2017  (Concessional Rate Notification) […]

Advance Ruling application submitted by recipient of services not admissible

October 21, 2021 846 Views 0 comment Print

In re Tamilnadu Polymer Industries Park Limited (GST AAR Tamilnadu) From the above, 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. Further, as per Section 103(1) of the GST Act, the ruling is […]

AAR referred case to AAAR In view of difference in opinions of Members

October 21, 2021 1419 Views 0 comment Print

In re Healersark Resources Private Limited (GST AAR Tamilnadu) In view of the difference in the opinions of the Members as above, the case is referred to the Appellate Authority for hearing and decision on this issue in terms of Section 98(5) of the CGST/TNGST Act 2017, which provides that where the members of the […]

ITC not admissible on Land leasing services for construction of immovable property

October 18, 2021 12633 Views 0 comment Print

In re J M Chemicals (Trade Name) Manjuben Rameshchandra Gupta (Legal Name) (GST AAR Gujarat) Whether M/s. J.M. Chemicals is eligible to claim Input Tax Credit of GST paid on input services of Lease Premium paid to Ginni Filaments on which they have charged GST under the head miscellaneous receipt under SAC code No. 99979. […]

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