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Advance Rulings

Advance ruling cannot sought by applicant in relation to supply being received by him

February 28, 2022 2148 Views 0 comment Print

In re Cosmic CRF Limited (GST AAR West Bengal) In terms of clause (a) of section 95 of the GST Act, an advance ruling means a decision provided by this Authority or the Appellate Authority, as the case may be, on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) […]

Comfort patch classifiable under HSN 3005- GST Rate 12%

February 28, 2022 5148 Views 0 comment Print

In re Lagom Labs Private Limited (GST AAR Tamilnadu) Q. Whether the Cramp comfort patch are to be classified under Chapter Heading 3004 attracting 12% GST under serial no. 63 or Chapter Heading 3005 attracting 12% GST under serial no. 64 in Schedule II of Notification 01/2017 – Central Tax (Rate) dated 28 June 2017 […]

GST not leviable on supply incurred during warranty period, free of cost

February 28, 2022 3129 Views 0 comment Print

Q2. Whether GST leviable on supply of materials and labour charges incurred during the warranty period, free of cost? A2. Supply of materials and labour while rendering warranty services during the warranty period, free of cost, does not attract GST

Multiple GST registrations for multiple companies from same address: AAR rejects application

February 28, 2022 27441 Views 0 comment Print

In re Spacelance Office Solutions Private Limited (GST AAR Tamilnadu) Can GST registrations be allowed for multiple companies from same address, provided they follow all GST rules related to ‘Principle Place of Business’? An applicant can seek an Advance Ruling only in relation to supply of goods or services or both undertaken or proposed to […]

Only supplier is eligible to seek advance ruling under GST

February 28, 2022 2433 Views 0 comment Print

In re A. Nirmala (GST AAR Tamilnadu) AAAR held that if a recipient obtains a ruling on the value to be adopted of his inward supply of goods or services, the supplier of such goods or services is not bound by that ruling and he is free to assess the supply according to his own […]

GST diesel filled free of cost – divergence of opinion – AAAR Chhattisgarh

February 28, 2022 5400 Views 0 comment Print

In re Arvinder Singh Bhatia, Shree Jeet Transport (GST AAAR Chhattisgarh) Whether diesel filled free of cost by the service recipient in the engaged chartered (dedicated) vehicles, would form part of value of supply of service charged by the Appellant and whether GST would be leviable on value of diesel filled free of cost by […]

AAR ruling cannot be given on supplies prior to filing of application

February 25, 2022 795 Views 0 comment Print

In re Vinayak Buildcon (GST AAAR Rajasthan) It was held that AAR has rightly rejected the application seeking advance ruling as the question posted by the appellant is related to supplies undertaken by them prior to the date of filing of the application. Read AAR Order:- Advance ruling cannot be given on supply already undertaken […]

GST Advance ruling application by recipient of service not maintainable: AAAR

February 24, 2022 690 Views 0 comment Print

The provisions of Section 103 states that the ruling pronounced is binding only on the applicant. It is amply clears that if a recipient of supply obtains a ruling on the taxability of his inward supply of goods or services or both, the supplier of such goods or services or both is not bound by that ruling and he is free to assess the supply according to his own determination/understanding of law and hence ruling loses its relevance and applicability.

Obesity is not a disease – Orlistat pellet cannot be classified as medicaments

February 23, 2022 4449 Views 0 comment Print

In re Smt. Rama Devi Guttikonda (GST AAR Telangana) AAR held that Obesity is not a disease and hence reduction of weight cannot be seen as a treatment against a disease. Therefore The pharmaceutical Pellets and Granules except Orlistat pellet manufactured by the applicant can be classified as medicaments under Sl. No.62 of Schedule II […]

No ITC on gifts or rewards given without consideration

February 23, 2022 17124 Views 0 comment Print

In re GRB Dairy Foods Pvt. Ltd (GST AAAR Tamilnadu) As per the provisions of the CGST Act/TNGST Act 2017 more precisely, Section 17(5) of the Act, the gifts or rewards given without consideration even though they were given for sales promotion do not qualify as inputs for the purposes of Credit, since no GST […]

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