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Advance Rulings

18% GST Payable on activity of reshelling of old sugar mill rollers

October 25, 2021 2247 Views 0 comment Print

In re S.B. Reshellers Pvt.Ltd. (GST AAR Maharashtra) Question 1:- The activity of reshelling of old sugar mill rollers whether is treatable as a job work service under SAC 9988 or is treatable as a repair/maintenance service under SAC 9987? Answer: – The activity of reshelling of old sugar mill rollers is treatable as a repair/maintenance service […]

GST payable on Service of repairs & maintenance of vehicles used for sewage

October 22, 2021 3279 Views 0 comment Print

In re M. F. Associates (GST AAR Uttar Pradesh) Que-1 Whether providing the service of repairs and maintenance of vehicles used for sewage and waste collection, treatment and disposal and other environmental protection services provided to Local Authorities would be covered by Sl. Nov. 3 of Notification No. 12/2017- Central Tax(Rate) dated June 28, 2017, […]

GST on manufacture & supply of Fortified Rice Kernels to TNCSC

October 21, 2021 6354 Views 0 comment Print

In re Rasi Nutri Foods (GST AAR Tamilnadu) Concessional GST rates not applicable to activity of manufacture and supply of fortified rice kernels till Sep 30, 2021 In Rasi Nutri Foods [Order No. 39 AAR/2021 dated October 21, 2021] Authority for Advance Ruling, Karnataka (KAAR) held that Notification No.39/2017 CT(R) dated 18.10.2017  (Concessional Rate Notification) […]

Advance Ruling application submitted by recipient of services not admissible

October 21, 2021 1095 Views 0 comment Print

In re Tamilnadu Polymer Industries Park Limited (GST AAR Tamilnadu) From the above, it is evident that an applicant can seek an Advance Ruling only in relation to supply of goods or services or both undertaken or proposed to be undertaken by them. Further, as per Section 103(1) of the GST Act, the ruling is […]

AAR referred case to AAAR In view of difference in opinions of Members

October 21, 2021 1758 Views 0 comment Print

In re Healersark Resources Private Limited (GST AAR Tamilnadu) In view of the difference in the opinions of the Members as above, the case is referred to the Appellate Authority for hearing and decision on this issue in terms of Section 98(5) of the CGST/TNGST Act 2017, which provides that where the members of the […]

ITC not admissible on Land leasing services for construction of immovable property

October 18, 2021 14109 Views 0 comment Print

In re J M Chemicals (Trade Name) Manjuben Rameshchandra Gupta (Legal Name) (GST AAR Gujarat) Whether M/s. J.M. Chemicals is eligible to claim Input Tax Credit of GST paid on input services of Lease Premium paid to Ginni Filaments on which they have charged GST under the head miscellaneous receipt under SAC code No. 99979. […]

ITC not eligible on leasing charges of Land to be used for construction of administrative block/ factory etc.

October 18, 2021 5028 Views 0 comment Print

In re GACL NALCO Alkalies & Chemical Pvt. Ltd. (GST AAR Gujarat) Whether GNAL is entitled to claim Input Tax Credit of the GST paid on the services provided by GACL in the form of agreeing to surrender/ relinquish its rights in the leasehold property in favour of GNAL? Law makes it explicitly clear that […]

Supply’ to related persons and/or distinct persons will be treated as Supply even if made without consideration

October 18, 2021 2112 Views 0 comment Print

In re Golden Tobie Private Limited (GST AAR Uttar Pradesh) As such, the promotional scheme of additional 30 packs of cigarettes on every purchase of 100 packs of cigarettes for the payment of 100 packs of cigarettes is a taxable supply of 130 packs of cigarettes on the price of 100 packs of cigarettes. There […]

Lump-sum amount received for Health care Services exempt from GST

October 18, 2021 1521 Views 0 comment Print

In re Divyajivan Healthcare LLP (GST AAR Gujarat) Whether lump-sum amount received for Health care Services to be provided for 20 years by the applicant as ‘Diamond Plan’ is exempted from Goods and Services Tax as per Sr. No. 74 of Notification No. 12/2017- CT(R)? On careful consideration of the applicant’s submission, we find that […]

Advance ruling cannot be obtained in respect of past & completed supply

October 14, 2021 2334 Views 0 comment Print

Mah AAR rejected the subject application as being non-maintainable as per Section 95 of the CGST Act because the Applicant has firstly raised questions as a recipient of services and secondly the questions are in respect of past and completed supply as on the date of the application and not a supply, which is being undertaken/proposed to be undertaken.

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