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Advance Rulings

No GST exemption on leasing of immovable property in the nature of hotel, inn, guest house

March 23, 2020 3330 Views 0 comment Print

The contract of the applicant group with the Company is verified and found that what is given is an immovable property consisting of only rooms with attache toilets as per the Layout of the leased premises annexed to the Lease agreement and does not fit into the meaning of a dwelling which means a house.

No exclusion of Govt subsidy granted to farmer from transaction value

March 23, 2020 4983 Views 0 comment Print

The amount of assistance received by the farmer or on account of the farmer from the Government Department has no bearing on the price and hence on the value of supply made by the applicant to the farmer and is not covered under section 15(2)(e) of the CGST Act, 2017.

GST on second hand gold jewellery purchased from individuals (Non dealers)

March 23, 2020 38004 Views 0 comment Print

In re Attica Gold Pvt. Limited (GST AAR Karnataka) a) Whether applicant dealing in second hand goods and tax is to be paid on the difference between the selling price and purchase price as stipulated in Rule 32(5) of CGST Rules, 2017 if dealer purchases used / second hand gold jewellery from individuals who are […]

GST on letting out residential dwelling -AAR Application withdrawn

March 23, 2020 1098 Views 0 comment Print

In re C. Ramappa (GST AAR Karnataka) Whether letting out the residential dwelling to a firm results in supply of service? An opportunity of hearing was given to the applicant on 03.2020 and Sri Rajesh Kumar T R, Chartered Accountant & duly authorised representative of the applicant appeared for the said hearing & reiterated the […]

Contributions for DMF & NMET was directly linked to royalty & amounts to Supply

March 23, 2020 6138 Views 0 comment Print

In re NMDC Limited (GST AAR Karnataka) The applicant filed the instant application, for rectification of ruling, alleging that the authority has not ruled in the order as to whether the contributions towards DMF & NMET amount to supply in terms of Section 7 of the CGST Act 2017 or not and also the authority […]

Advance ruling Rectification request liable for rejection if no apparent error or mistake

March 23, 2020 693 Views 0 comment Print

In re NMDC Limited (GST AAR Karnataka) It is clearly evident from the aforesaid AAR Order that the authority has considered all the submissions and issued the proper order. Hence there is no error / apparent mistake on the face of the record, in the said order and hence the instant application is not valid […]

GST on power supply & distribution network installed for Metro Rail

March 20, 2020 3051 Views 0 comment Print

In re ABB lndia Ltd (GST AAR West Bangal) SCADA, in the context of the Applicant’s supply to RVNL, is the system that controls and monitors the electrical network of the metro, enabling the operator to issue suitable commands to be followed in the operation of the metro. Using the SCADA interface, the operator sends […]

No GST exemption if person administering Ayurveda treatment are not ‘authorised medical practitioners’

March 20, 2020 9942 Views 0 comment Print

The Applicant claims that it administers certain plant-based medications for the treatment of osteoarthritis and disorders of similar nature. The medicaments are not supplied standalone, but ancillary to the supply of health care service. lt is a composite supply of health care service called ‘phytotherapy’. Applicant further submits that ‘phytotherapy’ is a treatment based on the ayurvedic system of medicine

Depositing timber with GTD for disposal amounts to supply: AAAR

March 19, 2020 1293 Views 0 comment Print

In re Tata Coffee Limited (GST AAAR Karnataka) Wooden supply to Government Auction Department is supply as agent In this case the Depots are set up by the State Government in terms of Section 104-A(5) of the Karnataka Forest Act for the purchase and sale of timber since the Act mandates that timber can only […]

Fusible interlining cloth is not a woven fabric & falls under HSN 5903: AAAR

March 19, 2020 1230 Views 0 comment Print

In re Sadguru Seva Paridhan Pvt. Ltd (GST AAR West Bangal) The product manufactured by the appellant is fusible interlining cloth. Before 1989, the item used to be classified under Chapters 52 to 55, as clarified under Circular No. 5/89 dated 15/06/1989. In the Union Budget of 1989-90, a new chapter note 2(c) was introduced […]

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