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Advance Rulings

GST on supply of Manpower to Municipal Corporation

December 15, 2020 13440 Views 0 comment Print

In re Work Group Sushikshit Berojgar Nagrik Sewa Sahkari Sanstha Maryadit Amravati (GST AAR Maharashtra) Clause (q) of the 12th Schedule mentioned above, mandates Municipal Corporations to provide Public amenities including street lighting, parking lots, bus stops and public conveniences. Applicant is providing manpower to the Amravati Municipal Corporation for collecting vehicle parking Charges in […]

No GST on Printing of exam question papers, OMR sheets, Answer booklets for educational boards

December 15, 2020 2811 Views 0 comment Print

In re Hitech Print Systems Limited (GST AAR Andhra Pradesh) Question: Printing of Pre examination items like question papers, OMR sheets (Optical Mark Reading), Answer booklets for conducting of an examination by the educational boards be treated as exempted supply of service in terms of Serial Number 66 of notification of No. 12/2017-CGST [Rate] dated […]

ITC allowed wef 01.02.2019 on leasing, renting or hiring of motor vehicles, for transportation of persons

December 15, 2020 11550 Views 0 comment Print

In re Tata Motors Limited (GST AAR Maharashtra) Section 17(5) had clearly debarred Input Tax Credit on motor vehicles or conveyances used in transport of passengers till the date of the amendment i.e. 01.02.2019. However with effect from 01.02.2019, Input Tax Credit has been allowed on leasing, renting or hiring of motor vehicles, for transportation […]

No GST on financial assistance under German Government develoPPP.de programmeme

December 15, 2020 1143 Views 0 comment Print

In re Prettl Automotive India Private Limited (GST AAR Maharashtra) Q1. Whether the financial assistance to be received by the Applicant are covered as consideration for supply and the activity is covered under the meaning of supply of services in terms of Section 7 of the CGST Act, 2017/MGST Tax Act, 2017? Answer:- Answered in […]

GST on supplying manpower to Hospitals & Dispensaries run by Government medical college

December 15, 2020 4224 Views 0 comment Print

In re Janki Sushikshit Berojgar Nagrik Seva Sahakari Sanstha Ma (GST AAR Maharashtra) Applicant is mainly supplying manpower and only in the case of Government Ashram school, applicant is providing goods in the form of vegetable and mutton as per the contract executed. The first question raised by the applicant is whether the supply of […]

AAR rejects Advance ruling application not accompanied by requisite fee

December 15, 2020 468 Views 0 comment Print

Since the application in this case is not accompanied by requisite fee of Rs. 10,000/- (i.e Rs. 5,000/- each under CGST and SGST), therefore the same is rejected. This ruling however does not in any way affect the right of the applicant to file a fresh application for seeking ruling on the same points provided it satisfies the provisions of section 97(1) of the CGST/ HPGST Act, 2017.

AAR explains GST on supply of Digital Goods/Online Gaming

December 15, 2020 7224 Views 0 comment Print

In re Amogh Ramesh Bhatawadekar (GST AAR Maharashtra) Question. I) Whether ‘e-goods’ as commercially known in the market are ‘goods’ as defined in the GST Acts or are they services as per GST Act? Answer: – E-goods, in this case- ‘Online Gaming’ will be covered under services under the GST Act. Question. 2) If they […]

Appellant can re-approach AAR with a fresh application with sample/reports of products

December 11, 2020 750 Views 0 comment Print

In re Saint-Gobain India Private Limited (GST AAAR Maharashtra) As regards the issue of denial of fair chance of hearing with sample, we hold that the Appellant may approach the Maharashtra Advance Ruling Authority with a fresh application along with the sample/reports of the products and in that case, the MAAR shall decide the issue […]

AAR cannot decide constitutional validity of ‘liability to pay tax’

December 8, 2020 687 Views 0 comment Print

Khaitan Chemicals and Fertiliser (GST AAR Madhya Pradesh) Authority is of the view that based on the detailed reading and understanding of Section 97 of the CGST Act, an application for Advance Ruling can only be made to determine the ‘liability to pay tax’ on any goods or services or both. Therefore, no application can […]

GST on fabrication of steel structures when material except paint is supplied by recipient

December 4, 2020 28950 Views 0 comment Print

Vrinda Engineers Private Limited (GST AAR West Bangal) Whether fabrication of steel structures is job work when the materials except paint are supplied by the recipient? The applicant supplies a mixed supply constituting of the job work of fabrication of steel structures and the works contract of applying paint to the erected steel structures. It […]

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