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Advance Rulings

ITC eligible on CSR expenditure spent by company

November 9, 2022 10521 Views 0 comment Print

The expenditure made towards corporate responsibility under section 135 of the Companies Act, 2013, is an expenditure made in the furtherance of the business. Hence the tax paid on purchases made to meet the obligations under corporate social responsibility will be eligible for input tax credit under CGST and SGST Acts.

CRP Test Kit & HbA1c Test kit classifiable under chapter heading 3002

November 9, 2022 2523 Views 0 comment Print

CRP Test Kit and HbA1c Test kit, will be classified under chapter heading 3002, and accordingly, both the product will attract GST at the rate of 5% (CGST @2.5 % +SGST @2.5 %)

Co-operative Housing society not eligible to claim ITC on receipt of works contract services

November 9, 2022 7653 Views 0 comment Print

AAR held that a co-operative housing society cannot claim ITC of GST paid to its appointed contractor for repairs, renovation and rehabilitation work carried out in society.

Classification of Menthol Scented Sweet Supari and Flavoured & coated Illaichi 

November 6, 2022 7182 Views 0 comment Print

Menthol Scented Sweet Supari merits classification under CTH 2106 90 30 and Flavoured & coated Illaichi merits classification under CTH 2106 90 99

GST not payable on liquidated damages if principal supply is exempt

November 2, 2022 7677 Views 0 comment Print

In re Achampet Solar Private Limited (GST AAAR Telangana) The CBIC has issued Circular No. 178/10/2022-GST dated:3.8.2022 related to GST applicability on liquidated damages. As per para 7.1.6 of the said circular, it was, interalia, observed that when principal supply is exempt, the ancillary activities to such principal supply would not get attracted to GST. […]

Setting up of Electric Loco Shed for Railway is composite supply of works contract service

November 1, 2022 2163 Views 0 comment Print

In re HYT Engineering Company Private Limited  (GST AAAR Uttar Pradesh) Instant contract consists of transfer of property in goods, coupled with supply of services which leads to the inevitable conclusion that this is a case of Works contract, covered under the definition of “Works contract” defined under Section 2(119) of the CGST Act, 2017 supra. […]

AAAR dismisses appeal on the ground of limitation for delayed filing

November 1, 2022 1398 Views 0 comment Print

In re KRBL Infrastructure Private Limited (GST AAAR Uttar Pradesh) AAAR hold that the appeal filed by the Appellant is not admissible in eye of law and therefore, it is dismissed on the ground of limitation itself without going into the merits of the case. Since the impugned order was served on 12.02.2022 to the […]

AAR Karnataka allows Sri Balaji Rice Mill to withdraw application

October 27, 2022 801 Views 0 comment Print

Applicant stated that they wish to withdraw their application for advance ruling in view of recent GST council meetings and notifications issued thereafter. Application filed by Applicant for advance ruling is disposed-off as withdrawn.

ITC on expenses & capital Goods to Applicant who is under Marginal Scheme

October 27, 2022 1893 Views 0 comment Print

In re Attica Gold Private Limited (GST AAR Karnataka) Q1. Whether Applicant who is under Marginal Scheme can claim Input Tax Credit on the expenses like Rent, advertisement expenses, commission, Professional expenses and other like expenses? Applicant who is under Marginal Scheme can claim Input Tax Credit on the expenses like Rent, Advertisement expenses, commission, […]

Pure Agent not liable to pay GST on reimbursement of compensation paid to farmers & land owners

October 27, 2022 2712 Views 0 comment Print

AAR ruled that, if the assessee qualifies to be a pure agent then reimbursement of tree cut compensation paid to farmers and land owners during the course of execution of work is not chargeable to GST

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