CAAR Mumbai refused to issue a fresh ruling on roasted areca nut classification, holding that the issue was already decided by the Madras High Court. The statutory bar under Section 28-I(2) of the Customs Act was applied.
The Appellate Authority held that it cannot condone delay beyond the 30-day extended period prescribed under Section 100(2) of the CGST Act. As the appeal was filed 250 days after communication of the AAR order, it was dismissed without examining merits.
The Authority ruled that medicines, consumables, and implants supplied to inpatients are inseparably linked to treatment and form a composite supply of healthcare services. As the principal supply is exempt, no GST is payable on such inpatient supplies.
Authority held that battery energy storage operations only store and return electricity and do not qualify as power generation. As a result, GST exemptions for electricity supply were denied and 18% tax was applied.
Without entering into classification or tax rate issues, the Authority held the application to be beyond its statutory scope. The ruling underscores strict limits on advance ruling jurisdiction.
The AAR declined to admit the application as scrutiny and adjudication on the same issue had already commenced. It held that advance rulings cannot be sought once proceedings are pending or decided.
The AAR held that a construction site with sufficient permanence and resources constitutes a fixed establishment. As a result, the contractor must obtain GST registration in the State where the site is located.
The ruling clarifies that selling a capitalised car attracts GST on the entire consideration when the seller is not a second-hand goods dealer, rejecting margin-based valuation.
The authority held that road transportation of goods with issuance of a consignment note amounts to GTA services. It further ruled that such services to unregistered customers are exempt under Sl. No. 21A.
The Authority held that non-compete services must be split between India and overseas operations. Only the portion linked to overseas restraint qualified as export of services and zero-rated supply.
