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Advance Rulings

GST on Composite supply of Residential construction works for Govt Entity

May 6, 2022 2298 Views 0 comment Print

In re KPC Projects Ltd. (GST AAR Maharashtra) In the instant case there is Composite supply of works contract provided to UPRNN, a Government Entity by way of construction of a Residential Quarters meant for the use of the employees of ESIC and therefore, it can be said that the supply is in respect of […]

GST on Royalty, MMDR, DMF Fund & Reserve Price paid directly to Government

May 6, 2022 3087 Views 0 comment Print

In re Baranj Coal Mines Private Limited (GST AAR Maharashtra) In the subject case, we find that the applicant (supplier of service) and KPCL (recipient of service) are not related persons and price is the sole consideration for the supply. Further, from Article 6.1.3 and Article 29.1.2 of the Mining Agreement it is clear that […]

AAR Maharashtra allows Karve Institute of Social Service to withdraw application

May 6, 2022 630 Views 0 comment Print

In re Karve Institute of Social Service (GST AAR Maharashtra) The applicant has submitted a letter dated 28.04.2022 and requested that they may be allowed to voluntarily withdraw their subject application filed on 01.09.2021. The request of the applicant to withdraw their application voluntarily and unconditionally is hereby allowed, without going into the merits or […]

Installation services for illumination of roads cannot be construed as Construction Services

May 2, 2022 2751 Views 0 comment Print

AAR ruled that installation services for highway lighting systems cannot be considered as Construction services under SI. No. 3(iv)(a) of Notification No. 11/2017 – Central Tax (Rate) thus, ineligible to benefit of 12% GST.

Service to AIIMS by way of Entrance examination is exempt from GST

May 2, 2022 1458 Views 0 comment Print

AAR held that no GST shall be levied on services provided to educational institution for conducting entrance examination.

GST on construction of rail infrastructure facilities

May 2, 2022 4173 Views 0 comment Print

In re Triveni Engicons pvt ltd (GST AAR Chhattisgarh) What is the rate of tax for the workers like contract of goods and services? i. For the proposed feeder line of East West Rail Corridor within the leasehold boundary of project for coal evacuation through Rail at Gevra Opencast of Gevera Area of SECL the […]

Concessional GST rate of 0.75% on construction applies to promoter & not to sub-contractor

April 30, 2022 4077 Views 0 comment Print

Concessional rate of CGST @ 0.75% as per entry No.3(i) of the Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, as amended by the Notification No. 03/2019-Central Tax (Rate) dated 29.03.2019 is not applicable to the applicant as the said entry is applicable only to the promoters, but not to the sub-contractors.

AAR cannot give ruling based on incomplete & inconclusive documents submitted by applicant

April 30, 2022 885 Views 0 comment Print

In re CLR Skills Training Foundation (Beeup Skills Foundation) (GST AAR Maharashtra) AAR find that, both the Agreements attached by the applicant as ‘Specimen Copies” in respect of the subject application do not provide a clear picture of the actual facts in respect of the present matter before us and we therefore, cannot answer the […]

AAR cannot give ruling on supply supposed to have been completed

April 30, 2022 702 Views 0 comment Print

In Re Aryan Contractor Pvt Ltd (GST AAR Maharashtra) The questions for obtaining an Advance Ruling can be asked by a supplier of goods or services or both, only in relation to the supply being undertaken or proposed to be undertaken and not in relation to any supply of goods or services or both which […]

Applicant is an intermediary if acts as a conduit between a Company & its customers

April 30, 2022 2112 Views 0 comment Print

AAR held that assessee providing marketing services to a foreign company and acting as a conduit between a foreign company and its Indian customers to be considered as intermediary.

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