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Advance Rulings

GST on Irrigation and Flood control Department, Govt of Jammu & Kashmir

August 10, 2020 2253 Views 0 comment Print

In re Reach Dredging (GST AAR West Bengal) The applicant’s supply, as mentioned in para 1.1, to the Irrigation and Flood control Department, Govt of Jammu and Kashmir, is taxable under Entry No. 3(vii) of Notification No 8/2017 – Integrated Tax (Rate) dated 28/06/2017, as amended from time to time. FULL TEXT OF ORDER OF […]

Three-wheeled electrically operated motor vehicle classifiable under HSN 8703

August 10, 2020 7056 Views 0 comment Print

In re Hooghly Motors Pvt Ltd (GST AAR West Bengal) Classification of the three-wheeled electrically operated motor vehicle Motor vehicles for carrying less than ten passengers are classified under Heading 8703 of the First Schedule of the Customs Tariff Act, 1975 (hereinafter the Tariff Act), which is adopted in the GST Act for classification. Sub-heading […]

Assignment of leasehold right on land is taxable under GST

August 10, 2020 20019 Views 1 comment Print

In re Enfield Apparels Ltd (GST AAR West Bengal) The activity of assignment is in the nature of agreeing to transfer one’s leasehold rights. It does not amount to further sub-leasing, as the applicant’s rights as per the Deed of sub-lease stands extinguished after assignment. Neither does it create fresh benefit from the land. It […]

18% GST payable on commercial services to Government Entities

August 4, 2020 942 Views 0 comment Print

In re Sealwel Corporation Private Limited (GST AAR Telangana) We notice from the schedule concerning ‘Shareholding of Promoter’ of the annual accounts of M/s TSSPDCL that 100% shares of the company were held by the Hon’ble Governor of Telangana. This clear indicates that the Government of Telangana have 100 percent control over TSSPDCL and thus […]

Grind of plastic in small pieces classifiable under HSN 3901 to 3914

July 30, 2020 6900 Views 0 comment Print

In re Manishbhai Champakbhai Mehta (Legal name) and M/s. Navpad Plastic (Trade Name) (GST AAR Gujarat) Question : What is the HSN code of grinding of plastic material and what is the tax rate of said goods?. HSN code of goods viz plastic of grind would depend upon the type of primary form of polymers […]

GST on amount forfeited on account of breach of agreement of sale of land

July 30, 2020 30945 Views 1 comment Print

In re Fastrack Deal Comm Pvt. Ltd. (GST AAR Gujarat) The main issue is here to decide whether the amount forfeited on account of breach of agreement of sale of land is liable to GST or not. The applicant contention is that the amount of Rs. 20 lacs forfeited is on account of sale of […]

Hybrid Hydraulic Servo System merits classification in terms of Note 2 of Section XVI of CTA, 1975

July 30, 2020 441 Views 0 comment Print

In re Dyna Automation Private Limited (GST AAR Gujarat) What is the classification for Hybrid Hrdraulic Servo System which is prepared by assembling various parts and is used as part in different type of machines and what will be the applicable tax rate on Hybrid Hrdeaulic Servo System? During the personal hearing, the applicant was […]

Benefit of reduced GST rate applicable on affordable house having carpet area upto 60 sq mtrs.

July 30, 2020 2115 Views 0 comment Print

The benefit of reduced rate would be available to them only in  the cases of supply effected after 25-1-2018 i.e. the date on which Notification  1/2018-Central Tax (Rate) dated 25-01-2018 was issued and the benefit of this  reduced rate would be applicable in case of only those flats which are having carpet area upto 60 sq mtrs. in this scheme which is covered in the category of affordable housing.

GST payable on service of supply of doctor, nursing staff, ambulances etc to corporate entity for medical care of their staff

July 30, 2020 5781 Views 0 comment Print

In re Sparsh OHC Manpower Service (GST AAR Gujarat) Question:   Specified services i.e. appointing Doctors, Nursing Staffs, and Ambulances and relating administrative services etc. covered under GST, whether it falls in the category of taxable or exempted services? Any services of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any […]

Benefit of lower rate of 5% GST Rate not applicable to bulk drug Danuorubicin, Epirubicin, Idarubicin & Zoledronin Acid

July 30, 2020 1089 Views 0 comment Print

In re Sterling Biotech Ltd. (GST AAR Gujarat) It is an admitted fact that the product being supplied by the applicant cannot be directly administered in a human being. The concessional rate of GST is applicable only to the medicine or drugs, which are ready for administering in the human being or person. In the […]

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