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Advance Rulings

GST on land after developing by erecting civil structure or a building or a complex

September 30, 2021 3117 Views 0 comment Print

In re TIF Integrated Industrial Parks PVT Ltd (GST AAR Telangana) 1. If the applicant sells the land after developing by way of erecting a civil structure or a building or a complex then such supply is liable to tax under CGST/SGST Acts. However if land is sold without any development involving any civil structure […]

Supply of cooking gas via pipeline with Maintenance Service is Composite Supply

September 30, 2021 10464 Views 0 comment Print

In re Masterly Kolkata Facility Maintenance Pvt Ltd. (GST AAR West Bengal) Whether supply of cooking gas through pipeline as provided by the applicant should be classified as supply of goods or supply of services. It is submitted by the applicant that the apartment owners are at liberty either to get the supply of cooking […]

GST on Supply of unconnected goods at nominal price against purchase of hosiery goods

September 30, 2021 3663 Views 1 comment Print

In re Kanahiya Realty Private Limited (GST AAR West Bengal) (i) Supply of goods at nominal price to retailers against purchase of specified units of hosiery goods pursuant to a promotional scheme would qualify as individual supplies taxable at the rates applicable to each of such goods as per section 9 of the GST Act. […]

GST: AAR explains when definition of ‘affordable residential apartment’ not applies

September 30, 2021 17295 Views 0 comment Print

In re Pioneer Associates (GST AAR West Bengal) Whether the definition of ‘affordable residential apartment’ is applicable in respect of flats (having carpet area of 60 sqm and value up to Rs. 45 lacs) of an ongoing projects and tax can be collected  @ 8% on all advances received after 01.04.2019. The definition of “affordable residential apartment” […]

Manpower services: GST payable on entire billing amount inclusive of EPF & ESI etc.

September 30, 2021 27783 Views 0 comment Print

In re Exservicemen Resettlement Society (GST AAR West Bengal) GST is payable on complete billing amount including employer portion of EPF & ESl Amount West Bengal Authority for Advance Ruling has held that GST is payable on the entire billing amount, including the Employer’s contribution of Employees Provident Fund (EPF) or Employee State Insurance (ESI), if […]

Recipient of services cannot apply for advance ruling under GST: AAAR Uttar Pradesh

September 29, 2021 1998 Views 0 comment Print

In re Lucknow Producers Co-operative Milk Union Ltd (GST AAAR Uttar Pradesh) In this case appellant himself admitted that appellant is not covered under the reverse charge mechanism, but they are paying the entire tax to the service provider. In view of this, we find that, the appellant is a recipient of services in the […]

Services provided by the Club to its members is taxable under GST

September 27, 2021 3438 Views 0 comment Print

In re UMED Club (GST AAR Rajasthan) GST laws expanded the scope of ‘supply’ to tax supplies between the club/association and its members, to overcome the principle of mutuality. A retrospective amendment (w.e.f. July 1, 2017) has been made vide Finance Act, 2021 by inserting a new clause ‘(aa)’ after clause (a), in Section 7(1) […]

GST Payable on service of transportation of goods by road as part of EPC package 

September 24, 2021 1443 Views 0 comment Print

In re Toshiba JSW Power Systems Private Limited (GST AAR Uttar Pradesh) The arguments of the applicant regarding exemption on the transportation service is in fact based on the assumption that the supply of service is in total isolation from the whole contract and without considering the terms and obligations created under all the contracts […]

Supply of ‘Tertiary Treated water’ to NMC is ‘taxable supply’

September 24, 2021 1353 Views 0 comment Print

In re Nagpur Waste Water Management Pvt Ltd (GST AAR Maharashtra) Question 1: – Whether the Royalty paid or payable by the applicant to Nagpur Municipal Corporation (NMC) for supplying ‘Tertiary Treated Water’ to Mahagenco, by treating the Sewage Water supplied by NMC is liable to tax under the GST Law? Answer: – Answered in the affirmative. […]

GST registration not mandated if supplies not liable to tax or exempt

September 22, 2021 2880 Views 0 comment Print

In re Mekorot Development & Enterprise Ltd (GST AAR Maharashtra) As per Section 23 (1) (a) of the Central Goods and Services Tax Act, 2017, any person engaged exclusively in the supplying of goods or services or both that are not liable to tax or wholly exempt from tax under this act or under the […]

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