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Advance Rulings

GST registration not mandated if supplies not liable to tax or exempt

September 22, 2021 2568 Views 0 comment Print

In re Mekorot Development & Enterprise Ltd (GST AAR Maharashtra) As per Section 23 (1) (a) of the Central Goods and Services Tax Act, 2017, any person engaged exclusively in the supplying of goods or services or both that are not liable to tax or wholly exempt from tax under this act or under the […]

Crumb rubber/granule is classifiable under Heading 4004

September 22, 2021 5181 Views 0 comment Print

In re Green Rubber Crumb Private Ltd. (GST AAR Maharashtra) The applicant is producing crumb rubber/granules from used/waste tyres and has submitted during the course of the hearing that, the waste/used tyres are not usable because they are worn our tyres due to wear and tear. In view of the above discussions, we find that […]

Cotton Stored by CCI in Warehouses taxable @ 18% GST

September 20, 2021 3543 Views 0 comment Print

The warehousing services rendered by the applicant to CCI do not fall under Entry 24B NN 21/2019 and hence are taxable at the rate of 9% under CGST and SGST eac

CKD kits falls under heading 8703 & eligible for 30% rate of BCD

September 19, 2021 5439 Views 0 comment Print

In re Volvo Auto India Private Limited (CAAR Delhi) vehicle kits being imported by the applicant would be covered under sub-category 1 as Completely Knocked Down kit or under sub-category 2 as motors cars in any other form; and if under sub-category 1, whether under 1(a) or 1(b), attracting effective rate of BCD of 15% […]

Supply of services even by unincorporated association to its members for consideration is supply under GST

September 15, 2021 3156 Views 0 comment Print

In re Gujarat Hira Bourse (GST AAR Gujarat) Supply of services even by unincorporated association to its members for consideration is supply under GST Scheme of law, as enacted by Competent legislature. Thus GHB reliance on Service tax era case law is misplaced in the subject matter. Even if we want to delve into the […]

18% GST payable on setting up of a ‘Sulphate Removal Plant’

September 15, 2021 1272 Views 0 comment Print

In re Ion Exchange India Limited (GST AAR Rajasthan) AAR held that services provided under EPC contract awarded to the applicant by M/S Vedanta for setting up of a ‘Sulphate Removal Plant’ broadly ranging from designing, engineering, Surveys, procurement, fabrication, manufacturing, erection & installation, facilities construction, Pre commissioning & Commissioning, training etc. and satisfactory hand […]

GST payable on reimbursement of electricity expenses if not on actual basis

September 15, 2021 10440 Views 0 comment Print

In re Harish Chand Modi (GST AAR Rajasthan) Q. (a) Whether reimbursement of electricity expenses, on actual basis, by the lessee to lessor would form part of taxable value? Ans:- Yes. In the instant case, reimbursement of electricity expenses, on by the lessee to lessor would form part of taxable value as it is not on actual […]

NO GST exemption on works contract services to GHMC

September 14, 2021 3006 Views 0 comment Print

In re Transmission Corporation of Telangana Limited (GST AAR Tealangana) 1. Eligibility to exemption from tax on the supply of works contract services by the applicant to Greater Hyderabad Municipal Corporation (GHMC). Taxable @18% 2. Tax liability with respect to works contract services procured by the applicant from a 3rd party for supplying same services […]

EPC contract for infrastructure facilities is a work contract & 18% GST is payable

September 13, 2021 2004 Views 0 comment Print

In re L & T Hydrocarbon Engineering Ltd. (GST AAR Rajasthan) As per EPC contract the applicant has to complete the task, of setting up of MUPS2-EPC-2 project broadly ranging from designing, engineering, procurement, fabrication, manufacturing, assembly, erection and installation, facilities construction, Testing, Pre commissioning & Commissioning, Training etc & satisfactory hand over of complete […]

Solar Power Generating Plant is Plant & machinery eligible for ITC

September 13, 2021 7395 Views 0 comment Print

In re Pristine Industries Limited (GST AAR Rajasthan) ‘Solar Power Generating Plant’ of the applicant qualify as ‘plant and machinery’ as it falls under machinery as discussed above and not covers under (i) land, building or any other civil structures; (ii) telecommunication towers; and (iii) pipelines laid outside the factory premises. Therefore, subject to the […]

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