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Advance Rulings

Concessional GST rate not applicable to medicine or drugs, not ready for administering in human being

September 17, 2020 1581 Views 0 comment Print

In re Altis Finechem Pvt. Ltd. (GST AAR Gujarat) Q. 1 Classification of goods and determination of tax liability of product under HSN 2919 of following goods: Calcium-3-methyl-2oxo-valerate (Alpha-Ketoanalogue Isoleucine Calcium Salt), Calcium-3-methyl-2oxobutyrate (Alpha-Ketoanalogue Valine Calcium Salt), Calcium-4-methyl-2oxo-valerate (Alpha-Ketoanalogue Leucine Calcium Salt), Calcium-DL-2-hydroxy-4(Methylthio) butyrate (Alpha-Ketoanalogue Methionine Calcium Salt), Calcium -2 oxo-3-phenyl propionate (Alpha-Ketoanalogue phenylalanine Calcium […]

GST can be levied on notional interest on security deposit: AAR

September 16, 2020 16368 Views 0 comment Print

Notional interest has to be considered as part of value of supply of service, if and only if the said notional interest influences the value of supply i.e. value of RIS service / monthly rent and is leviable to GST along with monthly rent at the rate applicable to monthly rent.

GST advance ruling cannot be given on issue already decided

September 15, 2020 549 Views 0 comment Print

In re B and R & Co (GST AAR Madhya Pradesh) In this case Deputy Commissioner, Commercial Tax, Sagar Division Madhya Pradesh had already decided the issue of getting credit of Entry Tax in TRAN-1 in his order dated 24.02.2020 in the applicant’s case of Entry Tax Act pertaining to period 01.04.2017-30.06.2017. Now having regard […]

Date of allotment of mines is time of supply under GST for Upfront payment

September 15, 2020 2265 Views 0 comment Print

In re Essel Mining and Industries Ltd. (GST AAR Madhya Pradesh) Upfront payment made to the state Government is in the nature of advance from the date Of allotment of mines on lease to the applicant for the purpose of determining the time of supply under GST Law as per the Section 13(3) of MP […]

No GST on Scanning of answer sheets for educational institution

September 11, 2020 1293 Views 0 comment Print

In re Datacon Technologies (GST AAR Karnataka) Applicant were awarded a contract by the Bihar School Educational Board (BSEB) vide Work Order No. ST/281/18 DT dated 16.12.2018 for scanning of OMR Flying slip, OMR Marks Foil, OMR attendance sheet, OMR absentee sheet and finalisation of data. In view of the above, the applicant sought Advance […]

Land filling Pit is not a plant & machinery but a civil structure

September 11, 2020 2406 Views 1 comment Print

Civil structure involves engineering work at both levels i.e above and below the ground. We find that the applicant has performed civil work to create the landfill pits below the ground and therefore it is a civil structure.

GST on services provided by Housing Society to Members

September 11, 2020 3198 Views 0 comment Print

In re Gnanaganga Gruha Nirmana (GST AAR Karnataka) 1. The activity of maintaining the facilities at the layout from the funds collected from the members of the Society is a service attracting GST. The answer is Yes. 2. The contributions collected by the applicant from the member of the housing society either annually or once […]

No rectification of Advance Ruling if no error / apparent mistake

September 11, 2020 675 Views 0 comment Print

In re Durga Projects 86 Infrastructure Pvt (GST AAR Karnataka) We find that the applicant filed the instant application for ROM in the order No.17/2019 dated 25.07.2019, without bringing anything on record to negate the findings in the said order that the possession of land owner’s share of flats was not handed over to the […]

ITC restriction against diagnostic or investigative services

September 7, 2020 5226 Views 0 comment Print

In re Siddalingappa Palalochana Rakshit (Bangalore Medical System) (GST AAR Karnataka) In the instant case the applicant established a medical diagnostic laboratory to carry out diagnostic or investigative services of diseases. Thus the applicant qualifies to be a clinical establishment. It is clear, from the foregoing, that the services provided by the applicant are covered […]

GST payable on supply of Infrastructure for Household electrification to AWNL

September 3, 2020 678 Views 0 comment Print

In re ARG Electricals Pvt. Ltd. (GST AAAR Rajasthan) The Ajmer Vidyut Vitran Nigam Limited (hereinafter called as AWNL) had invited bids for providing of Rural Electricity Infrastructure for Household electrification in selected blocks of Dungarpur District of Ajmer DISCOM under Rajiv Gandhi Grameen Vidhyutikaran Yojana scheme on turnkey basis for erection of 11KV & […]

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