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Advance Rulings

GST on ‘Iron Tubular Trevis’ | Classification of product & HSN code

January 18, 2021 1146 Views 0 comment Print

In re S.K.M.L. Industries (GST AAR Andhra Pradesh) What is rate of tax applicable for iron tubular trevis and Classification of the product and HSN code of this item? The taxability of the goods and services supplied or to be supplied, as governed under the provisions of respective GST Acts are examined to decide the […]

AAR cannot give ruling on technical/procedural issues

January 18, 2021 573 Views 0 comment Print

In re Jaideep Ispat and Alloys Pvt Ltd. (GST AAR Madhya Pradesh) The applicant’s question whether the procedure adopted and the documents/records maintained by applicant can be deemed to be a sufficient compliance of conditions and restrictions for admissibility of input tax credit of tax paid on inward supply of local scrap and sponge iron […]

AAAR Tamilnadu explains GST on Various services provided by Municipal Corporation

January 12, 2021 3270 Views 0 comment Print

In re Tiruppur City Municipal Corporation (GST AAAR Tamilnadu) i. In respect of Q.No. 1, Sl. No. 5-B (Rent for locker provided in bus stand by the appellant) it is held to be an activity undertaken by the Municipality as a function entrusted under 243 W of the Constitution and the service of rent or […]

Business cannot be treated transferred as going concern if liabilities not transferred

January 12, 2021 6291 Views 0 comment Print

In re SCV Sky Vision (GST AAR Andhra Pradesh) Whether Sl.No.2 of the Notification No. 12/2017–Central Tax (Rate) dated June 28th, 2017 (‘Service Exemption Notification’) granting exemption to ‘Services by way of transfer of a going concern as a whole or an independent part thereof’ is applicable on the business transfer undertaken in the present […]

Milling of Red gram liable to GST @ 5%

January 12, 2021 3447 Views 0 comment Print

In re Seetharamanjaneya Dal And Fried Gram Mill (GST AAR Andhra Pradesh) Question: Whether the supply of red gram dall 2600 MTs by receiving 3823.529 MTs of red gram under barter system attracts any tax under GST? Answer: Applicant is appointed as “miller cum transporter”, for the purpose of conversion of red gram whole to red gram […]

ITC eligible on works contract service to Municipal Corporation

January 11, 2021 1941 Views 0 comment Print

In re Sital Kumar Poddar (GST AAR West Bengal) The applicant is eligible to claim the input tax credit on the inward supplies of the goods and services used for supplying the works contract service to Kolkata Municipal Corporation (KMC) for construction of an immovable property. This ruling is valid subject to the provisions under […]

GST payable on commission received in Foreign currency for rendering services as an ‘Intermediary’ 

January 11, 2021 1671 Views 0 comment Print

In re DKV Enterprises Private Limited (GST AAR Andhra Pradesh) Whether the marketing and consultancy services supplied by the applicant are liable under export of service or not? The service provided by the applicant is intermediary service as per section 2(13) of the IGST Act, 2017. The applicant is covered and fits into the definition […]

Property or other tax cannot be deducted to compute rental value for GST

January 11, 2021 1425 Views 0 comment Print

In re Midcon Polymers Pvt Ltd. (GST AAAR Karnataka) The Appellate Authority modify the advance ruling No.KAR ADRG 48/2020 dated 16-09-2020 and answer the questions raised by the Appellant in the original advance ruling application and in this appeal, as follows: 1. For the purpose of arriving at the value of rental income, the Appellant […]

No Advance Ruling can be given on an issue already pending with proper officer

January 11, 2021 489 Views 0 comment Print

In re Vijayawada Wholesale Commercial Complex Members Welfare Society (GST AAR Andhra Pradesh) We have examined the issues raised in the application and the submissions of the applicant as well. In the context of the remarks submitted by the assessing officer, we examine the admissibility of the application without going into the merits of the […]

Chacolate Milk Powder is classifiable under Tariff heading 1806

January 8, 2021 1557 Views 0 comment Print

Milk and Milk products are classified in Chapter 4 and the headings 0401 86 0402 are relevant to Milk / Milk in the form of powder or granules and crème. The product in the instant case is neither milk nor milk powder but ‘Chocolate Milk Powder’, which is admittedly obtained on blending of Whole Milk Powder with Chacolate Flavoured Powder in the ratio of 97.5 to 2.5.

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