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Advance Rulings

ITC of ST paid on manpower supply services used for providing canteen facility not eligible

November 29, 2022 10926 Views 0 comment Print

Whether Input Tax Credit (ITC) of the GST charged by the Service Provider would be eligible for availment to the Applicant? Applicant not eligible to avail Input Tax Credit of ST paid on manpower supply services used for providing canteen facility.

Clarification on import of goods in setting up of Solar Power Plant under PIR, 1986

November 28, 2022 1581 Views 0 comment Print

In re Green Infra Clean Wind Power Limited (CAAR Delhi) M/s. Green Infra Clean Wind Power Limited, 5th Floor, Tower-C, Building No. 8, DLF Cyber city, Gurgaon-122002, Haryana, a company having PAN AAJCG7352B (applicant, in short), has filed an application dated 26.09.2022 seeking advance ruling under section 28-H of the Customs Act, 1962 before the […]

GST and ITC on Canteen Services and recoveries from employees

November 28, 2022 60933 Views 0 comment Print

Tube Investment of India Limited (GST AAR Uttarakhand) a. Whether the nominal amount of recoveries made by the Applicant from the employees who are provided food in the factory canteen would be considered as a ‘Supply’ by the applicant under the precisions of Section 7 of Central Goods and Service Tax Act, 2017? Yes, it […]

Services to Educational Boards – Sub contractor not eligible to claim exemption

November 25, 2022 1782 Views 0 comment Print

In re Magnetic Infotech Pvt Ltd. (GST AAAR Telangana) Exemption not available to sub-contractor on services provided to educational institutions on behalf of main contractor The AAAR, Telangana in the matter of M/s Magnetic Infotech Private Limited [Order-in-Appeal No. AAAR/13/2022 dated November 22, 2022] has ruled that the sub-contractor is not entitled to claim Goods […]

Data Centre Switch Router models lassifiable under sub-heading 85176290

November 25, 2022 1545 Views 0 comment Print

CAAR rule that Data Centre Switch Router models specified in para 2 are classifiable under sub-heading 85176290 of first schedule to Customs Tariff Act, 1975 and are eligible to avail benefit under Sr. No. 13N of Notification No. 24/2005-Customs

Data Center Switch models capable to be used as carrier ethernet switches classifiable under sub-heading 85176290

November 25, 2022 2820 Views 0 comment Print

In re Ingram Micro India Pvt. Ltd (CAAR Mumbai) M/s Ingram Micro India Private Limited filed an application on 17.08.2022 seeking advance rulings on the classification of 18 different series of data centre switch models and applicability of Sr. No. 20 of Notification No. 50/2017-Customs, dated 30.06.2017 on these devices. 2. The applicant is a […]

Mould Base merit classification under Sub-heading 84807900

November 25, 2022 1512 Views 0 comment Print

In re SMI-Amtek Cranshaft Pvt. Ltd (CAAR Delhi) CAAR note that the applicants intend to import specially designed, cut-to-shape & size goods said to be mould bases. It is also confirmed by the authorized representative that question posed for advance ruling is not pending before the officer of Customs and no dispute has arisen at […]

Classification of Laser Jet Printer should be based on its primary function

November 25, 2022 1731 Views 0 comment Print

In re HP India Sales Pvt. Ltd. (CAAR Delhi) The moot question is as to whether or not, the items, i.e printers in question, in absence of formatter board and firmware have the essential character of a printer. To arrive at the conclusion, I intend to refer to a few judgments. In the case of Jaypee […]

Medical Insurance premium for employees, pensioners & their family members are taxable under GST

November 21, 2022 975 Views 0 comment Print

AAAR upheld the ruling passed by AAR of not providing the benefit of exemption under entry no. 3 of the Notification 12/2017-Central Tax (Rate) dated June 28, 2017 wherein the payment was made for medical insurance premium for employees, pensioners, and their family members.

Parts & accessories of hearing aids falling under tariff item 90219010 not entitled for GST exemption

November 21, 2022 2124 Views 0 comment Print

In re Sivantos India Pvt. Ltd. (GST AAAR Karnataka) AAAR held that Since the parts and accessories of hearing aids falling under tariff item 9021 90 10 are not specifically mentioned in any of the entries of the exemption notification No 02/2017 Central Tax (Rate) and are also not specifically mentioned in either Schedule I, […]

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