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Advance Rulings

Transfer on a going concern is supply of service & exempted from GST

August 27, 2021 7068 Views 0 comment Print

In re Airport Authority of India (GST AAR Gujarat) 1. Whether the transfer of business by the AAI to the M/s. Adani Ahmedabad International Airport Limited be treated as Supply u/s. 7 of the Central Goods and Service Tax Act, 2017 (“CGST”) viz-a-viz Gujarat State Goods and Service Tax Act, 2017 (“GSGST”)? The Subject Supply […]

Partially Coated Polyester Fabric (Knitted or Woven) classifiable at HSN 5903

August 27, 2021 1356 Views 0 comment Print

In re Supercoat India (Trade Name) Ayush Baid (Legal Name) (GST AAR Gujarat) i. The applicant supplies partially coated Polyester fabric ( knitted/woven) or partially coated fabric. ii. Said fabric is scattered with micro-dot printing. iii. The subject goods are used as interlining fabric. iv. The resultant fabric is partially coated on one side with […]

No GST on Hostel Rent of less than Rs. 1000 per day per Student

August 27, 2021 19212 Views 0 comment Print

The applicant is providing hostel on the rent to various students where fees charged per student per day per room is much less than Rs. 1000/- per day per person. Therefore, considering the provisions of notification Entry No. 14, and clarification given by CBIC in circular No. 32/06/2018-GST dated 12th February 2018, it is held that, the applicant’s activity is satisfying the conditions of Entry Sr.no. 14 of said Notification and hence would be exempt from taxes.

‘Other Services’ not part of Composite supply with Main Construction Service, chargeable to GST @ 18%

August 27, 2021 9810 Views 0 comment Print

Other Charges are different from the service of construction of residential flats. It cannot be said to be naturally bundled and supplied in conjunction with each other. The amount and consideration is separately for different services. Therefore, the Other Charges are not covered under Composite Supply of Services

Cost of refurbishment not includible in purchase price for calculation of margin for Valuation & Levy under GST

August 27, 2021 1800 Views 0 comment Print

In re Tej Jain (GST AAR Rajasthan) Amount paid to the owner of the car and amount incurred for the refurbishment of the said car are not includible in the purchase price so as to deduct the same from the selling price of the old and used refurbished car to arrive as the margin for […]

Purchaser has no locus standi to file Advance ruling application

August 24, 2021 1359 Views 0 comment Print

In pursuance to Section 95(a) CGST Act, We hold that the Question raised by the applicant does not fall under the gamut of said Section 95(a). Thereby, in pursuance to Section 95(a) and Section 103(1) of CGST Act, we hold that the applicant has no locus standi to file subject application.

Classification of Gypsum Board made-up of Gypsum, glass fibre & additives

August 24, 2021 2292 Views 0 comment Print

In re USG Boral Building Products (India) Private Limited (GST AAR Rajasthan) We find that the applicant has submitted the technical specification with respect to contents of the impugned product. The applicant submitted that the proposed new variant of Gypsum Board is made-up of Gypsum, glass fibre and additives, the main raw material is Gypsum […]

Contract for supply of manpower for managing solid waste not come under definition of ‘Composite supply of Goods & Service’

August 23, 2021 1521 Views 0 comment Print

In re Green Cleaning Solutions (GST AAR Uttarakhand) 1) The contract for supply of manpower for managing solid waste does not come under the definition of ‘Composite supply of Goods and Service’ at Entry No. 3A of Chapter 99 as mentioned in notification number 12/2017 – Central Tax (rate) dated 28th June 2017 as amended by Notification […]

‘Senses iPERL smart meter’ merit classification under HSN 90261010

August 22, 2021 786 Views 0 comment Print

From the product catalogue, it appears that this flowmeter measures the mass flow of liquid. The flowmeter appears to be capable of measuring the value and the measured parameter(s) are displayed visually or provided as digital output.

No GST on reimbursement received of stipend paid to trainees

August 20, 2021 2205 Views 0 comment Print

In re Yashaswi Academy for Skills (GST AAR Maharashtra) Regarding the issue before us in respect of stipend paid to the trainees by the applicant, by the industry partner which provides training to the trainees and is required to pay stipend to the trainees. This stipend is not directly paid to the trainees by the […]

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