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Advance Rulings

Rice Bran (22+ Oil) classifiable under Tariff Item 2302 40 00

March 8, 2021 3960 Views 0 comment Print

In re Pratham Agro Vat Industries (GST AAAR Gujarat) The product Rice Bran (22+ Oil) being supplied by M/s. Pratham Agro Vat Industries is classifiable under Tariff Item 2302 40 00 of the First Schedule to the Customs Tariff Act, 1975.The product Rice Bran (22+ Oil) being supplied by M/s. Pratham Agro Vat Industries is […]

Fly Ash Bricks classifiable under Tariff item No. 68159910: AAAR Gujarat

March 8, 2021 3759 Views 0 comment Print

In re Dipakkumar Ramjibhai Patel (GST AAAR Gujarat) The product Fly Ash Bricks manufactured and supplied by Dipakkumar Ramjibhai Patel (M/s. Mahalaxmi Cement products and Timber) are classifiable under Tariff item No. 68159910 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975). The said product will be covered under Sr. No. 177 […]

Rhyzomyx & ‘Rhyzomyco classifiable under Tariff item No. 30029030

March 8, 2021 663 Views 0 comment Print

In re Novozymes South Asia Pvt. Ltd. (GST AAAR Gujarat) The products ‘Rhyzomyx’ and ‘Rhyzomyco’ manufactured and supplied by M/s. Novozymes South Asia pvt.ltd., are classifiable under Tariff item No.30029030 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975), is covered under Sr.no.61 of Schedule-II of Notification No.01/2017-Central Tax (Rate) dated 28.06.2017 […]

Nirma University not eligible for GST exemption under N/No. 12/2017-CT(R)

March 8, 2021 882 Views 0 comment Print

In re Nirma University (GST AAAR Gujarat) In the Notification No. 12/2017-Central Tax, Sr. No. 4 provides exemption to services by governmental authority by way of any activity in relation to any function entrusted to a municipality under article 243W of the Constitution. Similar services provided by Central Government, State Government, Union Territory or local […]

Builder/developer not allowed to deduct ‘actual land-value’ from ‘transaction-value’

March 8, 2021 2277 Views 0 comment Print

In re Karma Buildcon (GST AAAR Gujarat) In para 2 of Not No. 11/2017-CT (Rate), as amended vide Not. No. 01/2018-CT (Rate), there is deemed provisions that the value of transfer of land or undivided share of land, as the case may be, and the value of such transfer of land or undivided share of […]

No GST on amount recovered from employee for 3rd party canteen services

March 8, 2021 1662 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAAR Gujarat) We observe that the GAAR has ruled that the Goods and Services Tax is applicable on the amount recovered from employees, mainly on the premises that ‘the appellant is supplying food to its employees’, which would be covered under the definition of the term ‘business’ under […]

No GST exemption on ‘equipments on hire’ for ‘live videography’ to State Government

March 8, 2021 771 Views 0 comment Print

In re Jayshreeben Rameshchandra Kothari (GST AAAR Gujarat) The appellant has provided ‘equipments on hire’ for ‘live videography’ during the events or programmes held by the Government Department for which ‘Hire Charges’ have been paid by the Government Department to the appellant. The activity of ‘providing equipments on hire’ or ‘live videography’ is not an […]

GST exemption available to NHPC Ltd cannot be extended to sub contractor providing Works contract services for  road construction 

March 8, 2021 1659 Views 0 comment Print

In re NHPC Ltd. (GST AAAR Uttarakhand) Members of Uttarakhand Advance Ruling authority have different view on the applicability of GST on the sub-contractor so they made a reference to the appellate authority for hearing and discussion. Appellate authority in the case that whether the exemption available for PWD Uttarakhand and M/s NHPC Ltd, can […]

GST Exemption provided to main contractors cannot be extended to subcontractors unless specifically provided

March 5, 2021 2250 Views 0 comment Print

In re Sumeet Facilities Limited (GST AAAR Tamilnadu) The case laws and arguments pertaining to Service Tax law are specific to that law as there were provisions catering specifically to subcontractors whereas in GST the provisions are very restricted. Exemption benefit are not available to sub-contractors ex facie since those entries under 12/2017 specific to […]

GST: Supplier as recipient of inward supplies only eligible to seek advance ruling

March 5, 2021 822 Views 0 comment Print

In re Erode Infrastructures Private Limited (GST AAAR Tamilnadu) The appellant has mainly harped on the wordings of Section 97(2)(d) of the GST Act, on the ground that since admissibility of ITC paid or deemed to have been paid can be sought as a question for obtaining advance ruling, in as much as that unless […]

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