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Advance Rulings

Input Tax Credit not eligible for GST paid on purchase of ‘Paver Blocks’

November 12, 2020 4464 Views 0 comment Print

In re Sundharams Private Limited (GST AAAR Maharashtra) The MAAAR while upholding the Maharashtra AAR Order held that the Applicant was not entitled to avail Input Tax Credit in respect of taxes to be paid on the purchase of ‘Paver Blocks’ in terms of Section 17(5)(d) of the CGST Act, 2017. FULL TEXT OF ORDER OF […]

Transfer between two units with Same PAN in different states is not a transfer as a going concern to ‘another person’

November 10, 2020 5973 Views 0 comment Print

In re Deputy Commissioner of Central Tax in case of M/s. Shilpa Medicare Limited (GST AAAR Andhra Pradesh) M/s. Shilpa Medicare Limited, Vizianagaram, A.P and M/s. Shilpa Medicare Limited, Bangalore unit are holders of the same PAN and they are distinct persons. Hence, the provisions of Para 4(c) of Schedule II of CGST Act, 2017 […]

AAR allowed withdrawal of ruling application as relevant Venture was over

November 9, 2020 381 Views 0 comment Print

In the reference 5th cited, M/s. Savitri Ashirvaad Buildtech Limited, have informed through mail, that the Venture is over and they don’t need the ruling.  Hence the dealer has withdrawn the advance Ruling Application.

Supply of Mud Engineering Services, chemicals and additives are neither composite & nor Bundled Supply

November 9, 2020 663 Views 0 comment Print

In re Halliburton Offshore Services Inc. (Oil India) (GST AAAR Andhra Pradesh) The issue at hand for discussion is whether the supply of mud engineering services and supply of imported mud chemicals and additives provided on consumption basis by the applicant under the contract qualify as composite supply or not. Before embarking upon the question, […]

No GST if Entire Sales Consideration received after obtaining Occupancy Certificate by applicant of his Share in property under JDA

November 7, 2020 16305 Views 0 comment Print

In Re Sri. B.R. Sridhar (GST AAR Karnataka) Whether the total amounts received by the Owner towards the advances or sale consideration of the flats fallen to his share of 40% in terms of the Joint Development Agreement dated 19.05.2016 and the subsequent Area Sharing Agreement dated 03.01.2018, are not amenable for payment of GST, […]

State Examination Board not eligible for GST Exemption

November 5, 2020 768 Views 0 comment Print

In re State Examination Board (GST AAR Gujarat) The applicant has stated that the State Examination Board is a State Educational Board and are therefore covered under the above mentioned clause(iv) and would therefore be eligible for the exemption under Entry No.66(a) and 66(aa) of Notification No.12/2017-central Tax(Rate) dated 28.06.2017, as amended. In this regard, […]

AAAR cannot answer on correctness of GST liability based on illustrative invoices

November 5, 2020 3651 Views 2 comments Print

In re Apsara Co-operative Housing Society Ltd. (GST AAAR Maharashtra) The Maharasthra Appellate Authority for Advance Ruling upheld the Ruling passed by the Maharashtra Advance Ruling Authority, vide their Order No. GST-ARA-21/2019-20/B-34 dated 17.03.2020 and stated that the activities carried out by the Appellant would amount to supply in terms of Section 7(1)(a) of the […]

No GST exception on supply to ‘M.P. DAY Rajya Gramin Ajivika Mission’ as applicant failed to furnish requisite information

November 4, 2020 1071 Views 0 comment Print

In re Centre For Entrepreneurship Development Madhya Pradesh (CEDMAP) (GST AAR Madhya Pradesh) it is evident that the work order is not issued by Jila Panchayat as claimed by the Applicant but has been issued by M.P. DAY Rajya Gramin Ajivika Mission. Therefore, services shall be deemed to be have been provided to M.P. DAY […]

Waste collection, segregation, treatment, disposal services falls under SAC 9994

November 3, 2020 23226 Views 0 comment Print

In Re M/s. Sumeet Facilities Limited (AAR GST Tamil Nadu) 1. What is the classification for supply of services by the Applicant relating to waste collection, segregation, treatment, transportation and disposal services under the service agreements entered with both concessionaries in terms of notification 11/2017- C.T.(Rate) dated 28th June 2017? The supply of services by […]

Selling of Space for advertisement in print media attracts GST @ 5%

October 28, 2020 2712 Views 0 comment Print

In re Harmilap Media (P) Limited (GST AAR Uttarakhand) (i) Selling of Space for advertisement in print media shall attract GST @ 5%[2.5% CGST+2.5% SGST] and in all other cases, the GST shall be attracted @ 18% [9% CGST+ 9% SGST] as on date. (ii) Classification of services shall be as under: Annexure: Scheme of Classification […]

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